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(영문) 서울중앙지방법원 2014.01.23 2013고단2644
사기
Text

The defendant shall be innocent.

Reasons

1. On April 2012, the Defendant made a false statement in the facts charged that the Defendant would pay the cost of the production thereof on June 7, 2012 to the victim K(44 years old) who had operated the said company through I at the H(H) office operated by the Defendant on the fiveth floor of G building in Gangnam-gu Seoul, Seoul, the Defendant would pay the cost of the production thereof on June 2012.

However, the Defendant had failed to perform the above H’s business performance, and was notified by the National Pension Management Corporation of the scheduled seizure of the total amount of 23,543,170 won and the total amount of 52,558,670 won and the total amount of 4th insurance premiums by the National Pension Management Corporation, and the personal liability amounting to approximately KRW 400,000,000 won, and there is a need to pay interest every month.

On May 10, 2012, the Defendant received from the victim the supply of goods worth KRW 110,40,000 for the production cost of Part II video.

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

2. Determination

A. Although there was a contractual relationship, such as the defendant's assertion of the facts charged, and it is true that the payment was not made, it is denied the criminal intent by defraudation because civil payment is delayed due to temporary cash liquidity problems.

B. Factual relations (1) The Defendant is the internal director of H Co., Ltd. (hereinafter “H”), and the victim K is the representative director of the J Co., Ltd. (hereinafter “J”).

(2) L Co., Ltd. (hereinafter “L”) entered into an online advertisement agency contract with H on November 8, 201 with respect to H and human resource marketing. The term of the contract is from November 14, 2011 to November 13, 2012, and the amount of KRW 298,000,000 is paid to H on the 13th day of each month.

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