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(영문) 서울동부지방법원 2013.06.20 2013고단748

사기

Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged in this case

A. On December 15, 201, the Defendant: (a) around December 15, 201, at the victim E (hereinafter “victim”) office located on the fourth floor of the building in Gangnam-gu Seoul Metropolitan Government (hereinafter “victim”) the victim’s corporate representative director F (53 years of age) was liable for damages of KRW 80 million to G doctor’s (H); and (b) paid to other persons a high interest rate of KRW 4 to 30 million; (c) the amount of damages plus KRW 120 million in total, KRW 10 million in total, and KRW 10 million in living expenses; and (d) made a false statement with a horse analysis expert for the three years that would make profits of KRW 20 million in each month; and (d) make a false statement that the borrower would receive the principal and interest payment.”

F believed that this is true, he remitted the amount of KRW 10 million on December 15, 201 to the agricultural bank account in the name of the defendant's wife designated by the defendant, KRW 10 million on or around January 19, 201, KRW 20 million on or around January 27, 2012, and KRW 10 million on or around the 31st day of the same month, and delivered KRW 90 million on or around the 31st day of the same month to the defendant.

B. Around March 13, 2012, the Defendant made a false statement to the victim’s above office that “The Defendant would have to pay the money to be used as living expenses, etc., with a loan of KRW 30 million.”

On the same day, F, which is believed to be a true one, remitted each of the above I’s deposit account in the No. I’s name, 50,000 won, and 29,500,000 won around the 20th day of the same month.

C. The defendant's explanation

6. Around 4. Around the beginning of Seocho-gu Seoul Metropolitan Government’s subway shift service, the Seocho-gu said F made a false statement that “if the money to be used as living expenses, etc. is leased to the said F, it shall be repaid at a very high time if it is necessary to lend three million won.”

The F, which believed that it is true, remitted 3 million won to the Agricultural Cooperative Deposit Account in the above I on the same day.

Defendant for the same year

7.2.On the other hand, there is a need for money to post a telephone to the Representative Director F of the Victim Company and to use it as living expenses, etc.