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(영문) 서울동부지방법원 2016.04.01 2015노1375

사기

Text

The judgment of the court below is reversed.

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

In this case.

Reasons

1. Summary of the facts charged and the judgment of the court below

A. On November 2007, the summary of the facts charged is as follows: (a) A financial intermediary (State) that lends funds from a person investing in funds to a fund user; (b) there was no special property under the name of the Defendant or Defendant E in the name of the Defendant’s management; and (c) there was no special property under the above circumstances, or even if the Defendant lent money to another person or lent the money to the Defendant’s money, the amount of the unpaid amount of the money exceeded KRW

Notwithstanding such circumstances, the Defendant had been given money to a third party as collateral, and was given bills, checks, and bonds provided by the third party, but had already been given money to the fund user in the course of operating a financial intermediary business in the same manner as in January 2003, and had been aware that if an insolvent financial institution failed to obtain money to repay money to the victims due to the default of bills, checks, etc., which was provided as collateral, and the Defendant did not take a clear legal measure to recover claims, such as receiving physical collateral, and if the Defendant did not take a certain measure to recover claims, such as receiving money, he/she was unable to obtain money from the victims due to the aggravation of financial standing, his/her claim can be a bad non-performing loan.

Around November 2007, the Defendant used the above amount of KRW 50 million in operating capital and interest to a fund investor in a considerable amount of money in the course of the management of the above company. However, even if the Defendant borrowed the above money, the Defendant did not have any intent or ability to repay the money in time, considering the Defendant’s financial status or the management status of the above company, such as where the size of the non-performing loan which was not paid in time is so increased that the Defendant is unable to cope with, and it is difficult for the Defendant to raise the interest or the fund for operating expenses of the company.

The defendant's office in Gangnam-gu Seoul Metropolitan Government G Building 14th floor on November 2007 and the victim F is the defendant's office.