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(영문) 대전지방법원 2018.08.09 2017고단3046

사기

Text

The defendant is not guilty. The summary of this judgment shall be published against the defendant.

Reasons

The defendant is a person who operates a private educational institution called D.

The Defendant was in office as the president in the Victim F, who was in office in E at the time of non-permanent debate on June 2015.

G Care Center entered into a contract for the entrusted operation under the name of J and K, which is a shareholder of 100% of the G Care Center (hereinafter referred to as L) in Seoul, with the victim in the G Care Center, and the 400 million won out of the KRW 500 million necessary for the business had already been secured. The victim would make an investment of KRW 100,000,000,000 to KRW 100,000,000,000,000 won

The term "" refers to the following.

However, L was established as capital of 50 million won on January 2, 2007, but it was the most paid-in capital of 40 million won, and there was almost no sales for 9 years after its establishment and there was no employee's value of investment.

In addition, the defendant secured.

Of the funds claimed in KRW 400 million, KRW 100 million was referred to as one’s L Contribution, and the remaining KRW 300 million was only recommended to make an investment, and the actual investment was not received.

In addition, the consignment operation contract entered into with the above I was a condition to lease the building to operate K, but the Defendant was in a situation where the performance of the contract was practically impossible due to the lack of re-feasible power to lease the building, and the money that the victim suffered was considered to be used as consolation money for M, D’s operating expenses, and its graduate school registration fees.

The victim, who is aware of this fact, was 10 million won on July 31, 2015, 30 million won on September 3, 2015, 46 million won on September 3, 2015, 200 million won on September 4, 2015, and 100 million won on September 4, 2015.

Accordingly, the defendant was taken over property by deceiving the person.

Judgment

1. Whether a deceitful act, such as a document written in the facts charged, was committed;

A. The gist of deception is that it is difficult to determine as stated in the facts charged, and it is reasonable in principle to focus on deception stated in the facts charged.

The act of deception stated in the facts charged.