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(영문) 서울중앙지방법원 2014.04.29 2013고단3268

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who operated C, a company that operated B, a group of video downloads.

On June 7, 2010, the Defendant agreed to operate a business with the complainant, and the Defendant established the Company C to take charge of the operation, business, and accounting of B wrap, and the complainant established the Company E and operated the web b network business in charge of the development of programs, including B program, and network management. On April 7, 2011, the complainant acquired the shares of the complainant in the way of accepting hardware such as the server and related equipment operated by the complainant, and the program developed by the Company E, and acquired the shares of the complainant and liquidated the relationship.

On April 7, 2011, the Defendant made a false statement to the effect that “The Respondent would pay KRW 350 million as the price in the event of transfer of B and G operation programs and server systems (Hadwa) owned by E” to the Respondent at the office of C and E in Seocho-gu Seoul, Seoul.

However, there was no property owned by the Defendant, and C did not have the ability to pay the acquisition price equivalent to KRW 350 million due to the situation in which operating expenses were not fully appropriated as the enemy, and the Defendant did not have the intent to pay the acquisition price of KRW 350,000,000,000.

The Defendant, by deceiving the complainant as above, acquired by transfer of B and G operation programs and server systems equivalent to KRW 350 million on the same day from the Defendant’s wife.

2. The assertion and judgment

A. The Defendant’s assertion did not deceiving the victim as stated in the facts charged, and did not have the intent to acquire the victim, and there was no fact that the Defendant acquired the B and G operational program and server system because the victim did not perform a disposal act.

(b) judgment property;