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(영문) 서울중앙지방법원 2014.04.25 2013고합1175
특정경제범죄가중처벌등에관한법률위반(사기)
Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

3. The request for the remedy order of this case shall be dismissed.

Reasons

1. The Defendant, at the Defendant’s home located in the U.S. E around Feb. 2, 2007, stated that “The Defendant would pay the victim D profits by selling e-mail by selling e-mails at the cost at a factory located in China, by supplying e-mails to the United States prior to about 20 years in Korea.”

However, the defendant had no intention or ability to pay the price, and there was no intention to pay the profit from selling the above Twitts to the victim even if he was supplied with Twitts by the victim.

Around July 3, 2007, the Defendant received 51,600 US dollars 68,112 ($ 62,63,040 in Korean Won) at the request of the injured party in the U.S. at the request of the injured party, and received 51,600 US dollars 52,00 from around that time to April 13, 2008, in addition, the Defendant received 877,35,167 Tts 723,984 punishment in total at the market price of 12 times, as shown in the list of crimes.

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

2. The Defendant and his defense counsel asserted that D had supplied D with clothing such as Titts, etc. to the Defendant, the Defendant, after selling the clothing in the United States as wholesale, concluded a partnership contract with the content that D would settle the price of clothes, freight, customs clearance, storage expenses, etc. borne by each person from the sales proceeds of clothes in the United States, and distribute profits.

However, there was a defect in the clothing supplied by D, even though D wanting to sell it, the defendant was bound to sell it at low prices without receiving proper prices, and it was not paid part of D sales price for the clothing to D, which is rather likely to damage because of the increase in the cost of storage of defective clothing. There was no deception nor intentional deception.

3. Determination

A. The relation between the defendant and D is duly adopted and examined by the court.

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