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(영문) 수원지방법원 성남지원 2014.07.24 2013고합267
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the representative director of the (ju) E for the purpose of waste collection, transportation, disposal, recycling, and telecommunications-related parts, materials, and equipment-related business.

On June 101, the Defendant concluded a business cooperation agreement with the victim company to the representative director of the (State) office located in Yongsan-gu Seoul Metropolitan Government, stating that “The SK Telecom and the supply contract has already been concluded, so the equipment of the base station of the 2G waste of the SK Telecom has already been secured and has been kept in the logistics center.” On June 10, 201, the Defendant concluded a business cooperation agreement with the victim that “50% of the total quantity of the waste materials, etc. of communications equipment secured from SK Telecom from June 10, 201 to October, 201, supplied the victim company with exclusive supply of 50 million won of the total quantity of the waste materials, etc. of the communications equipment secured from SK Telecom, and the victim company shall pay 500 million won in advance to (

However, in fact, the Defendant did not secure the equipment volume of 2G waste base stations from the SK Telecom, and there was no intention or ability to supply the equipment of the 2G waste base stations, such as the agreement, even if he receives advance payment from the victim company due to a clear and detailed state of whether the SK Telecom will remove 2G relays.

Around June 13, 2011, the Defendant, by deceiving H, received advance payment of KRW 500,000 from the Defendant to a new bank account (I) in the name of the State E (E).

2. As evidence consistent with the facts charged in the instant case, the witness H, J’s testimony, the police interrogation protocol of the Defendant on the police interrogation protocol against the Defendant, and the police protocol of the J are written, and the content of the protocol is false as the Defendant entered into a contract with the victim to be provided with telecommunications equipment and materials from the SK Telecom Co., Ltd. (hereinafter “SK Telecom”), and the Defendant already secured the quantity of telecommunications equipment and materials. As such, the victim is under a business cooperation agreement with E Co., Ltd. (hereinafter “E”) who believed the horses and operated by the Defendant.

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