(영문) 의정부지방법원 2018.11.14 2018고단2888

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2018.11.14 2018고단2888

사기

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The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a person who sells a master with the trade name “C” in the Namyang-ju City.

The defendant did not have the intention or ability to settle the costs of processing the original chromosome, even if the defendant requested the victim D to do so, at the end of each month.

On October 27, 2017, the Defendant, at the “F” office operated by the victim of Gyeonggi-si E on October 27, 2017, requested the victim “F” to dynafe the original house by providing the original house to the victim. On the other hand, salt processing costs will be calculated and paid at the end of each month.

“The phrase “ was false.”

On October 30, 2017, from November 30 to November 30 of the same year, the victim did not pay KRW 13,326,500 for the cost of processing, even though he/she requested the victim to color salt and received the entire amount of the raw materials in proportion to KRW 5,495 km, and acquired the equivalent pecuniary benefits.

2. According to the judgment G, H’s investigation agency, and testimony in this court, etc., the defendant received a request from H to supply dyeed originals from H; the defendant purchased originals and requested the victim to color dye; the defendant thereafter supplied all of the colored originals supplied by the injured party to I; however, it can be known that the defendant did not pay part of the price (a approximately KRW 20 million) to the defendant on the ground that there is a problem in the goods supplied by the injured party; however, if there is a circumstance, it cannot be ruled out that the defendant did not pay the cost of clinical processing (a KRW 13 million) to the injured party for the reason that the defendant did not receive the payment from I. On the contrary, it cannot be ruled out that there was a probability that the defendant did not pay the cost of clinical processing to the injured party.

It is difficult to conclude it.

Therefore, the facts charged in this case constitute a case where there is no proof of crime.

유사 판례

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-대구지방법원 2020.08.14 2018가단7891

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