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Reasons
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(영문) 수원지방법원 성남지원 2013.12.13 2013고단735
사기미수등
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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is engaged in export and trade agent business with the trade name of Jung-gu Incheon Metropolitan City, and was engaged in the export of remote areas between the victim E, who is the exporter of remote areas, and agreed to purchase remote areas in the name of D with the payment of remote areas from the victim and pay the amount to the customer of the victim.

Around September 27, 2010, the Defendant: (a) received KRW 32,830,298 from the victim E to the customer of the victim; and (b) stored for the victim, the Defendant embezzled KRW 18,830,298,000, out of KRW 32,830,298,000 according to the Seoul Central District Court’s bond seizure and collection order, within the limit of KRW 19,00,00,00 by the deposit of the above national bank account in Seoul Central District Court 2010, 32,830,298, while being aware of the collection, the Defendant paid only KRW 14,00,00 to the customer of the victim; and (c) kept the remainder of KRW 18,830,298 without paying to the customer designated by the victim.

B. The Defendant who attempted to commit fraud is at the Incheon District Court around July 15, 201, and “Defendant E” against the victim E from April 14, 2010 to the same year.

9. Until March 3, 198, in purchasing remote areas in the name of D operated by the creditor A and exporting to China, and in receiving the amount from the debtor E in remote areas, the creditor filed an application for a payment order with the effect that, among the total sum of KRW 115,675,22, including value-added tax of KRW 101,560,522 and transport fee of KRW 14,114,70,222, the creditor shall pay KRW 95,675,222, a sum of KRW 115,675,22, which the creditor shall pay to the debtor E.

However, the defendant from April 2010 to the same year.

9.3. By the time of the transfer of money from the victim in remote areas including value-added tax, and the victim and the value-added tax refund were agreed to pay it to the victim if they are deposited into the D account.

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