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(영문) 수원지방법원 2017.02.09 2016고단2051

사기

Text

The defendant shall be innocent.

Reasons

1. On December 1, 2014, the Defendant made a false statement to the victim G on the F Office located in the 8th floor of Seongbuk-gu Seoul Metropolitan City building E, Sung-gu, Sungnam-si, stating that “If a business is not conducted until December 5, 2014 or if a personal debt of the party is not paid, the Defendant would return to the victim G the debt KRW 1.32 million borrowed in the name of the new individual for the corporation to transfer the 15,500 shares to the F representative director and the 15,00 shares.”

In other words, the victim prepared a written agreement on the transfer of business between the defendant and the defendant at the seat, and transferred 15,500 shares to the representative director and the defendant.

However, the Defendant did not have any property at all at the time and did not have any intention or ability to pay the victim a cash of KRW 132 million until December 5, 2014, or to exempt the victim from his/her obligation. However, even if the Defendant did not perform it, there was no intention of returning the office of representative director and shares to the victim.

As such, the Defendant acquired the position of representative director and 15,500 shares of a corporation by deceiving the victim, but did not pay the victim KRW 132,00,000 to the victim or not release the victim from his/her obligation, thereby acquiring the same amount of monetary benefits.

2. According to the evidence duly adopted and examined by this court, the defendant transferred the shares 15,500 shares issued by the victim F Co., Ltd. (hereinafter “F”) and F’s representative director with the victim’s wife H on December 1, 2014, and paid the sum of KRW 132,000,000 (hereinafter “the victim’s personal debt”) borrowed under the victim’s name for F by December 5, 2014, the defendant agreed to pay the victim’s personal debt by December 5, 2014. In this judgment, the issue is that the victim was decided to pay the victim’s personal debt by December 5, 2014, separate from the issue.

By December 5, 2014.