beta
(영문) 서울중앙지방법원 2016.07.22 2015고합844

사기

Text

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

Reasons

1. The summary of the facts charged is a person running a limited company C (hereinafter “C”).

A victim D operated a "F" main store in the 2 to 5th floor of the building Gangnam-gu Seoul Metropolitan Government E in Seoul on May 26, 2011 (hereinafter referred to as "F main store").

In order to take over F points on behalf of F points of KRW 90 million against G, F points were to receive the F points of KRW 600 million refund claim of KRW 600,000 from F points and to succeed to the obligation equivalent to KRW 600,000.

When the injured party takes over the F main points as above, the Defendant paid 192,00,000 won to the F main points in lieu of the unpaid amount of KRW 192,00,000, and then supplied alcoholic beverages to the F main points. When the injured party and the Plaintiff who received the certificate of seal impression from the injured party takes a work on behalf of the injured party, such as preparing a lease agreement with the injured party entrusted by the injured party, the Defendant arbitrarily sealed the injured party’s seal impression on the face value, upon receiving the letter of consent of the injured party, with the delivery of the victim’s seal impression.

On June 3, 2011, the Defendant repaid alcoholic beverage supply to H on behalf of the Defendant, and on July 7, 2011, the Defendant notarized a promissory note with a face value of KRW 365,00,000 in face value, which was written as above, with a face value of KRW 365,00,000, and issued a process deed around July 15, 201 to the victim.

As a result, the victim was aware of the fact that he had a promissory note bearing his name, and not only did he know that he had a debt on the F main points, but also did not know that he had a business, so he had the intention to waive the operation right, including the refund of the deposit, of the F main points instead of receiving the promissory note likely to have a dispute from the defendant.

On August 12, 2011, the Defendant accepted the proposal that “The Defendant shall return the test and promissory note to the Defendant, including the right to return the leased deposit at the F store,” from the injured party, in the K hotel located in the Gangnam-gu Seoul High Court.”

However, the defendant is true.