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(영문) 서울동부지방법원 2017.01.12 2015고단3156

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the representative director of Songpa-gu Seoul Metropolitan Government Co., Ltd. D (hereinafter “D”) established for the purpose of agricultural and fishery products distribution business with the main office located on the five floors of the building in Songpa-gu Seoul Metropolitan Government.

At the above D office around April 201, the Defendant stated to the effect that “The Defendant would provide the victim E with the remaining amount of real estate purchase funds of KRW 300 million to the cafeteria because it was confirmed that D would supply food materials to the cafeteria’s staff restaurant of the Kimpo Airport and Young-do Airport through the F president and related persons G,” and continued on May 25, 201, the Defendant paid the victim a payment on behalf of the F president for the balance of real estate purchase funds for the purpose of private village G.

Therefore, G does not have to pay the balance of real estate sales.

The remainder of KRW 270 million, excluding KRW 30 million paid as down payment, etc., was false as follows: “The remainder of KRW 270,000,000,000 shall be used to purchase the train or to obtain freezing storage.”

However, there was no fact that the F paid the balance of G real estate sales in lieu of the F, and the Defendant operated.

D was not equipped with capital, human resources, and physical facilities required for food supply business, and rice was supplied to H, and there was no performance or sales related to the supply of other food materials, and there was no intention or ability to repay borrowed money to the victim by entering into a contract for food supply as a normal business because it did not have any other food supply business.

As such, the Defendant, by deceiving the victim and deceiving the victim to do so, shall be KRW 30 million around May 16, 201, and KRW 20 million around the 17th day of the same month, under the pretext of borrowing from the damaged person about food supply business.

6.3. Around the 100 million won, around the 11th day of the same month, around KRW 100 million, and around KRW 50 million on the 13th day of the same month were granted.

2. The judgment prosecutor stated in the facts charged in the instant case as a deception against the Defendant’s victim. ① The food materials are in the cafeteria of the Kimpo Airport and Young-do Airport Personnel.