특정경제범죄가중처벌등에관한법률위반(사기)
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
An application filed by an applicant for compensation shall be dismissed.
1. The Defendant in the facts charged is a person who operates a business specializing in the protein of “J” trade name.
On September 2, 2013, at the office of the K in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as “L”), the Defendant made a false statement to the victim E that “the victim E invests a total of KRW 2 billion and opens a “J diving datum” on the first floor of the Seocho-gu Seoul Metropolitan M& building underground. The Defendant invested KRW 1 billion in the inside and carries out a building interior works equivalent to KRW 500,000,000,000,000,000,000 won.”
However, even if the defendant received KRW 500 million from the victim from the beginning, he was only the defendant's intent to pay his personal debt or to pay his other sales debt already operated by the defendant, and did not have any intention or ability to use it as the opening cost of "J locked datum".
As such, the Defendant, by deceiving the victim, received KRW 500 million on September 3, 2013 and KRW 500 million on September 25, 2013 from the victim as investment money.
B. On October 2013, 2013, the Defendant, at the place indicated in the above paragraph (1) of this Article, concluded that “The Defendant would reimburse the victim by not later than the end of December 2013, if the Defendant borrowed KRW 200 million with the interior expenses.”
However, at the time, the Defendant did not have any intent or ability to repay the borrowed money at the time of repayment, even if he borrowed money from the victim, with the assets of KRW 100 million and the liabilities of KRW 5.6 billion.
As such, the Defendant, by deceiving the victim as such, received KRW 10 million on October 7, 2013 from the victim as the borrowed money, KRW 20 million on November 13, 201 of the same year, and KRW 70 million on November 26, 201 of the same year from the Defendant’s account as the Defendant’s community credit cooperative account, and received KRW 200 million on November 1, 201 of the same year from N bank account in total.
Accordingly, the defendant deceivings the victim and defrauds a total of 70 million won.
2. The defendant.