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(영문) 서울동부지방법원 2016.01.22 2014고단1531
사기
Text

The Defendant is not guilty, and all of the applicants for compensation are dismissed.

Reasons

1. Summary of the facts charged

A. The primary facts charged (based on fraud) is that the Defendant sold goods within two months to the victim D and the victim E to pay the principal KRW 50 million and profits of KRW 15 million on September 21, 2012, when he/she invested KRW 50 million with the purchase price of 70,000,000,000 in male clothes.

If it is not sold, it will be paid in KRW 65 million even if it is not sold.

“False speech” was made.

However, the defendant did not have the intent or ability to pay the victims the principal amount of KRW 50 million and the profit of KRW 15 million because he/she sold the uniforms within two months, even though he/she did not own the debt of KRW 20 million at the time, on the other hand, because he/she did not have any property owned by him/her, and received KRW 50 million from the victims.

Nevertheless, on September 21, 2012, the Defendant received KRW 50 million from the victims.

As a result, the defendant had received money by deceiving the victims.

B. On September 21, 2012, the Defendant was invested in KRW 50 million with the purchase price for male clothes in the above logistics warehouse from the victim D and the victim E, in the distribution warehouse located in the Hanam-siF around September 21, 2012.

While the Defendant kept the above money as the purchase price for male clothes for the victims, he issued KRW 10 million to the victim D for the payment of the national revenue, and embezzled KRW 10 million for the use of the expenses such as the distribution warehouse transfer expenses and personnel expenses.

2. Determination

A. (1) The defendant and defense counsel's assertion that the defendant and defense counsel had no criminal intent to commit fraud as stated in the facts charged, and there was no criminal intent to commit fraud against the defendant. (2) As for the preliminary facts, the defendant paid or disbursed for the sale of uniforms with regard to another transaction with the victim, it is the amount paid or disbursed for the sale of uniforms with the victim.

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