(영문) 부산지방법원 동부지원 2012.05.31 2011고정1803

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(영문) 부산지방법원 동부지원 2012.05.31 2011고정1803

사기

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1. The defendant is innocent. 2. The summary of the judgment of innocence of this case shall be published.

Reasons

1. The summary of the facts charged is that the Defendant: (a) from the end of September 2009 to the operator of the design driving school; (b) from the end of September 2009, the Defendant operated the design driving school with the trade name D from the 8th floor of the Busan Jin-gu C building; and (c) the victim E runs the wholesale and retail business with the trade name F Co.

From the end of September 2009, the Defendant made a false statement to the E that “The Defendant would pay the price without molding until November 11, 200 if he delivered home appliances on credit necessary for the operation of a private teaching institute.”

However, even if the household appliances are supplied on credit, there was no intention or ability to pay the price of the goods to E.

On September 26, 2009, the Defendant, by deceiving E, ordered an amount equivalent to KRW 6:34,000 from the wire telephone operator on September 26, 2009, and acquired pecuniary benefits equivalent to the same amount by failing to pay the price, as follows crime sight table (as referred to in paragraph (12), not from January 28, 2010, but from October 22, 2009 as referred to in paragraph (10).

2. Determination:

A. First, according to the evidence submitted by the prosecutor, the following circumstances can be acknowledged.

1) On October 25, 201, immediately before the prosecution, the Defendant paid part of the price of supplied goods to the Defendant, and was not paid until before that time. (2) At the time of the delivery of the instant case, the Defendant was liable for a loan of KRW 100 million from KRW 70 million to KRW 70 million.

3) On January 12, 2010, the Defendant: (a) drafted a contract for the special supply of goods, including the content that he/she would make payment to E by January 22, 2010; (b) in relation to the said design teaching institute, the business damage amounting to KRW 100 million in 209; and (c) the business damage amounting to KRW 100 million in 2010, which was close to KRW 100 million in 2010.

5 The defendant is an apartment building under the name of the wife around October 5, 2010.

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