beta
(영문) 수원지방법원 2018.12.07 2017고단7483

사기

Text

The defendant shall be innocent.

Reasons

The Defendant, as a consultant of (State)C operated by B, was aware of the fact that (State) D representative victims E, who were in charge of the management of the assets of D, borrowed funds of KRW 7 billion from B to take over F.

The defendant, around May 13, 2008, promoted the victim's business, such as natural gas, oil, parking lot, etc. at the victim's office located in Gangnam-gu Seoul Metropolitan Government G, and there is a lack of project costs.

Last, this paper said to the effect that “the capital is invested.”

However, at the time, various investment projects promoted by the defendant in Russia or in Korea were established only before several years, but there was no business performance due to lack of funds.

In particular, the Defendant had been urged by those who invested in the Defendant several years before the year to return the investment amount of KRW 150 million, and there was a need for living expenses and so there was no intention or ability to return the investment amount by normally running the business even if the Defendant received the investment amount from the damaged party.

Nevertheless, the Defendant, as seen above, obtained a false statement from the victim, and acquired the amount of KRW 30 million from the victim to the corporate bank account under the name of the Defendant on September 30, 2008, KRW 100 million from the above corporate bank account around September 30, 2008, and KRW 230 million from January 20, 2009, including KRW 100 million of checks.

Maz.

1. The fact that Defendant 1 received money from Defendant 2’s damage is recognized, but the amount of KRW 30 million was incurred in promoting Russia H research institute’s acquisition work, and KRW 200 million was the amount of money by notifying and borrowing such circumstances to the victim in order to use it to repay debts and operate the company, while Defendant 2 was promoting the sale of red factories due to financial difficulties of Defendant 2’s company’s management.

The above borrowed loan could be fully repaid with the sale of the red factory, but B interferes with the sale and acquires the red factory in lieu of the bond.