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(영문) 서울북부지방법원 2014.09.25 2013고단1366

사기등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person engaged in construction business by lending a construction license under the name of C Co., Ltd. (hereinafter “C”).

On May 2009, at the office of the Defendant’s management company located in Gangnam-gu Seoul, Seoul, the Defendant concluded a false statement that “F will accept a business investment agreement with the purport that if H, I, and J makes an investment in apartment construction, it will repay three apartment bonds from C Co., Ltd., a contractor, to the substitute, in order to construct an apartment on three lots, such as Gyeonggi-gu, Gyeonggi-gun, G, etc. with a construction license under the name of C, and that H, I, and J will pay three apartment bonds to the partner.”

However, in the construction of apartment buildings, although the construction license in the name C was borrowed, there was no authority to enter into a business investment agreement in the name C with his or her own seal attached thereto, and there was no intention or ability to issue a business investment agreement in the name C with the content that each victim H, I, and J would pay three apartment bonds in lieu of each apartment house because it was not authorized by C to prepare a business investment agreement in the name thereof.

On May 14, 2009, the Defendant: (a) by deceiving the victims through F; (b) obtained money from F to the Agricultural Cooperative account in the name of C on May 14, 2009; (c) 400 million won (victim H: 20 million won; (d) the victim I: 100 million won; and (e) the victim J. 10 million won.

B. Around May 16, 2009, the Defendant forged private documents stated that “A” is “A” to the real estate subject to an investment agreement by using a computer network protocol at the office E office located in Gangnam-gu Seoul, Seoul, with the content of the contract, stating that “A” is “A shall make an investment of KRW 7,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00