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(영문) 인천지방법원 2018.12.21 2018고합558
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged is the person who actually runs a stock company C (in the case of a stock company, the name of the stock company is omitted), and the defendant B is the head of the business team of the above company.

around October 2016, the Defendants conspiredd to supply the E office located in Seocho-gu Seoul Metropolitan Government, to the victim G who operates the F, with “W 50,000 supply and sell the H high-speed auxiliary distribution unit to the United States, Europe, etc., and make payment without cash mold within 60 days from the date of delivery.”

However, in fact, the Defendants did not have any specific source or sales place of sales of the source of support supplied by the injured party, and C also operated jointly by the Defendants.

I was established as a company that became difficult to conduct additional transactions in the name of I due to accumulated amount of KRW 700,000,000 which was not paid by the Customer after being provided with the mobile phone parts from the Customer, and there was no intention or ability to pay the amount within 60 days by selling it normally even if the amount was supplied by the injured Party.

Nevertheless, around December 31, 2016, the Defendants: (a) by deceiving the victims; (b) received 14,200 mobile phone auxiliary typesetting (J, 19,000 won per openings) from the victims (J, 19,000 won); (c) around January 31, 2017, 15,80 of the above auxiliary typesetting (market price of 300,200,000 won); (d) around February 28, 2017, received 10,000,000 mobile phone auxiliary typesetting devices attached to H’s seal from the victims; and (e) received 10,000,000 (market price of 17,00,000,000 won per openings); and (e) granted 00,000,0000,0000,000,000 or more of the market price (market price of 170,000,31,317).

2. Defendants and their defense counsel’s assertion

A. There was no conspiracy between Defendant A and Defendant B to commit the instant crime, and there was no attendance at the time of concluding a contract, and thereafter.

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