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(영문) 서울북부지방법원 2012.12.26 2012고단2524

사기

Text

The defendant is innocent.

Reasons

1. Facts charged;

A. On September 22, 2011, the Defendant stated that “Issan Office operated by the Victim D in Gangnam-gu Seoul Metropolitan Government, Seoul, “Isn is not likely to well lose the shares.” There is no way to make an investment in the outstanding shares. There is no way to make an investment. Furthermore, the Defendant stated that “Isk to return the outstanding shares after making an investment in the shares and making a return of the outstanding shares.”

However, in fact, the Defendant invested 100 million won in shares, such as the money sold by the Defendant supplied with goods from the victim, the money borrowed from the Defendant to his family, and the money borrowed from the Defendant, but did not have any intent or ability to return the money paid or invested by the victim even if the amount of the goods that was not paid to the victim at the time exceeds 40 million won.

The Defendant failed to accurately notify the victim of the above circumstances, and was transferred from the victim, that is, five million won to the Defendant’s national bank account, from the time on October 31 of the same year, to the Defendant’s national bank account, and was transferred KRW 15 million in total on nine occasions, as shown in attached Table 1, from October 31 of the same year.

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

B. Around December 7, 2011, the Defendant made a false statement with the victim’s office stated in paragraph (1) that “I would have to pay back money to the victim with money that I would have to pay for shares.”

However, even if the defendant lost all the money invested in the shares until he borrowed the money equivalent to 54 million won from the victim, he did not have any intention or ability to repay the money.

The Defendant received KRW 2 million from the victim, namely, from the victim’s seat to the Defendant’s National Treasury of the option loan account, from that time, from that time to March of the same month, and received KRW 2 million from that time, as shown in the attached list 2 of the crime committed.

Accordingly, the defendant is the victim.