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(영문) 대구지방법원 영덕지원 2012.12.05 2012고단115
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, in the facts charged, committed the act of selling D’s products with the trade name of “C” in the north border of China, was merely a trade business operator’s resale in China after being supplied with the products from “C,” but did not directly trade D’s headquarters with “D’s headquarters,” and attempted to acquire money by deceiving the victim F, who wanted to sell D’s products from “D’s headquarters” in China, with the condition that D’s business had no legal effect for the said E and is not used for the business, and only with the condition that D’s headquarters would be used for the business, by deceiving the victim F, who wanted to sell D’s products from “D’s headquarters” in order to secure the goods.

On February 2, 2011, the Defendant, within the office of the Defendant’s management in the Yongyang-si, China, may secure the amount of 200,000 won of the purchase performance deposit to the victim F to pay the purchase performance deposit at the headquarters D (State), and may sell it at the Chinese black, shot, shot, and shot and shot.” The Defendant’s deception from the victim F.

3.2.Around the 36.0,000,000 won Chinese People's Union money was remitted to the Republic of Korea.

Accordingly, the defendant was given property by deceiving the victim F.

2. Summary of the defendant and his defense counsel's assertion

A. The Defendant did not deceiving the Victim F as stated in the instant facts charged.

B. The Defendant received 200,000 bills from the victim F as advance payment, and had the ability to supply D products at the time of receipt, and the victim F voluntarily withdraws his intent to be supplied with D products. As such, the problem of return of the above amount is nothing more than a civil claim and obligation, and it cannot be punished by fraud under the Criminal Act.

C. Even if the Defendant made a false statement with the victim F as stated in the instant facts charged, the victim F has the exclusive right to supply D products to the Defendant.

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