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(영문) 서울서부지방법원 2016.10.26 2016고단214
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in this case is a person who purchased a vehicle in Korea and operates I, a company exporting it to the land of the seller, and the victim (the victim) J sells the vehicle, and K is a person entrusted with the storage and sale of the vehicle from the victim.

The Defendant purchased six of the middle class 6 vehicles (hereinafter referred to as “second class 6 vehicles in this case”) that the victim entrusted K with the sale thereof, and falsely told K to the following: “On September 2, 2014, the Defendant sent 58,300,000 won, which is 4 of the 6th class price of the middle class 6 vehicles in the middle class 89,90,000 won,” and called “the documents related to the export of the middle class 6 vehicles in this case are different.”

However, there was no fact that the Defendant remitted money to K, and there was no intention to pay a second priority payment to the victim because the Defendant planned to export the second and second six vehicles of this case by deceiving K only with export-related documents.

Around September 4, 2014, the Defendant received documents related to the secondhand export of this case from K, and exported the documents without paying the purchase price of the secondhand tea owned by the victim.

As a result, the Defendant, by deceiving the victim, received six of the instant heavy appeal in the amount of KRW 89.9 million at the market price.

2. The summary of the defendant's and defense counsel's assertion was that the defendant made a telephone call to K as stated in the facts charged. However, the substance of this case sold the vehicle of this case to M through K, and the defendant purchased the vehicle of this case from M and paid the price to M., but the defendant did not pay the price to M., which became a problem because M does not make payment to M. to the K for the purpose of deception and fraud. Therefore, the defendant has no intention to commit deception.

3. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence submitted by the prosecutor is alone.

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