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(영문) 수원지방법원 안양지원 2018.08.10 2017고단1997

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant would pay the victim B 10% of the principal and interest accrued from the advertisement profits using the amount of the investment in the D Law Firm located in Seocho-gu Seoul Metropolitan Government to broadcast the “F” program “E” program in Seocho-gu, Seoul at around 13:00 on January 26, 2016.

“.....”

However, there was no intention or ability to pay the principal and interest 14 million won to the victim through the advertisement profit even if the above program is not produced and is invested in money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim on January 26, 2016, received KRW 14 million from the victim as the corporate account and acquired it by fraud.

2. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence adopted and examined by the court below, the Defendant confirmed the intent to compile from E and received investment funds from the injured party for the production of the program, and actually taken overseas pictures. However, the evidence submitted by the prosecutor alone proves that the Defendant, as indicated in the facts charged, deceiving the injured party or the Defendant had the intent to commit fraud, without reasonable doubt.

shall not be deemed to exist.

A. On October 20, 2015, the Defendant received from the E Formation Team a letter of intent to compile a “F” program.

B. On January 26, 2016, the Defendant received 14 million won as investment funds from the damaged person in relation to the production of the said program, and the production private person G from the end of January 2016 to the same year.

2. He completed the acquisition of a “F” program in Vietnam, which was completed by a first patrolman.

(c)

Since subsequent production costs are not paid properly, it is not possible to produce programs in the E Formation Team.