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(영문) 서울중앙지방법원 2018.10.10 2017고단7099

사기

Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Facts charged;

A. The Defendant 2017 senior group 7099 was an investor of B, a similar recipient company established for the purpose of manufacturing and selling clothes, who used the position of director C, a subsidiary company of the said company, as an investor of B.

The defendant around February 9, 2012, in Gangnam-gu Seoul Metropolitan Government Dtel, " work as a director at C, a subsidiary of a corporation B, which is a company B, which sells clothes to B's F brand," and when it invests funds in home shopping in the name of its agent qualification, 4% of monthly interest is given as broadcasting profit, and the principal is repaid after one year.

“A false representation was made.”

However, even if the Defendant received money from the injured party as investment money, he was planned to use it for the purpose of paying interest and principal to other investors, and some of the remaining money was also used to purchase the shares of the company B in the name of the Defendant, and there was no intention to use the investment money for the company’s home shopping broadcasting.

In addition, there was no fixed source of investment or regular source of revenue to pay interest on a high rate up to 4% per month (48%). Moreover, even after one year has passed since the investment, there was no intent or ability to pay in time the above-mentioned profits and the principal of investment to the victim due to the relationship with no financial resources or income sufficient to repay the principal of investment, and there was no intention or ability to pay in time the principal of investment.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained money from the victim to the G bank account (H) in the name of the Defendant from the victim to take over KRW 20 million under the name of the Defendant.

B. Defendant 2018 is an investor of B, a similar recipient company established for the purpose of manufacturing, selling, etc. of clothes, who used C’s position as a director of the said company as its subsidiary company.

The Defendant, around October 19, 201, in Gangnam-gu Seoul Metropolitan Government Dtel, “inland” to the victim I.