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(영문) 서울북부지방법원 2019.02.20 2017고단4115
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant is the representative of “C” in Dongdaemun-gu Seoul Metropolitan Government.

While the Defendant continued to purchase the vehicle designated by the victim D of Russian nationality and send it to Russia, etc. after receiving the vehicle price from the victim D, the Defendant purchased the vehicle from the victim from March 2013 to June 201, the Defendant purchased the said vehicle after receiving USD 32,975 from the victim of Hyundai Aussur (2013 Form) in the name of the purchase price for the vehicle and Hyundai Belgium (2012 Form), but the Defendant did not have any intent or ability to send the vehicle to the victim as agreed even if he/she received the vehicle price from the victim any longer from September 1, 2012, due to financial difficulties, such as default of taxes of KRW 15,00,000,000 from September 1, 201, even if he/she received the vehicle price from another place without sending it to the victim.

Nevertheless, around July 2013, the Defendant purchased modern Lone Star (2015 Form) vehicles from the victim and sent them to Russia. On July 5, 2013, the Defendant received the transfer of USD 9,995 from the corporate bank account in the name of the Lone Star Co., Ltd., and received the remittance of USD 34,045 in total from the victim five times from April 9, 2014, as shown in the attached crime list, from that time to April 9, 2014.

2. Claims by the defendant and defense counsel;

A. The amounts set forth in the annexed Table Nos. 1 and 2 are not Grandroth, but the purchase price for Borentotop and Patop vehicles, and the latter is actually delivered to the victim a siren and Patop vehicle.

B. The amount stated in the attached list Nos. 3, 4, and 5 was transferred to the Defendant for partial repayment of USD 146,104, although the vehicle price not paid by the victim around November 27, 2012 was USD 146,104.

C. Therefore, the Defendant is therefore.

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