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(영문) 수원지방법원 2016.11.09 2016고단2065
사기
Text

The defendant shall be innocent.

Reasons

The defendant in the factory room is a person who has been engaged in the business of manufacturing samulsium "D" in the Suwon-si flooded Area C.

Around 2010, the Defendant made a false statement in F, “F,” stating, “If the Defendant supplied the victim G with the raw materials (raw materials) to the victim G, the Defendant would sell it and pay the original cost.”

However, the Defendant did not have any intent or ability to pay the original cost even if he sells the original cost, such as a corporate bank loan of KRW 237 million, the National Tax Service tax of KRW 490,170,000,000,000.

As above, the Defendant, by deceiving the victim as above, received from the victim, a total of 27 times from July 7, 2010 to December 23, 2010, a total of 85,455,450 won as in the list of crimes, and acquired the property equivalent to the said amount by deceiving the victim.

Maz.

A. According to the evidence duly adopted and investigated by this court, the fact that the defendant was supplied with the original death (hereinafter “the original death of this case”) from the victim as stated in the facts charged, and did not pay the price. The fact that the defendant was faced with a situation such as overdue loan, default of national taxes, etc. as stated in the facts charged at the time is recognized.

B. However, the burden of proving the facts charged is only the prosecutor, and in light of the following circumstances recognized by the record, the defendant deceivings the complainant as if the defendant had the ability to pay the original cost of this case at the time.

It is insufficient to view that there was no intention to pay the original cost of this case to the defendant without any reasonable doubt, and there is no other evidence to acknowledge it.

(1) Around July 2007, the Defendant’s “D”, which the Defendant had operated, did not operate the company any longer, and thereafter purchased the original house and sold it to another company or mediated the sale of the original house. The complainant thereafter.

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