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(영문) 서울중앙지방법원 2018.01.30 2016고단35

사기

Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A, in the facts charged, operates an investment advisory company with the trade name of H. Defendant B is the first representative director of the company located in Japan East, and Defendant C is the J and K representative director of the company.

Defendant

A means to the effect that the principal makes a high profit as an investment expert, and that an investment in the business run by Defendant B and C may make a high profit by means of false loan certificates, etc., as if the principal made an investment in the above business, Defendant A made an actual investment in the business in which the victims intend to make an investment, and Defendant A had the victims believe that the said business was a business with a high profit for which the victims actually made an investment, thereby inducing the victims to transfer money to Defendant B and C.

A. On September 2012, Defendant A’s sole crime of Defendant A, who was aware of the university Dong at the Defendant’s house located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan City, was the victim M with the intent that “B’s business is well-grounded, and the Defendant also made an investment of KRW 100 million, and the victim also made an investment of KRW 50 million.” The Defendant entices the victim into the victim’s financial account in the name of the industrial banking bank account in the name of B. < Amended by Presidential Decree No. 23790, Sep. 3, 2012; Presidential Decree No. 23758, Nov. 30, 2012; Presidential Decree No. 23578, Nov. 30, 2012>

However, the defendant did not have the intent or ability to invest KRW 100 million in B because he was unable to repay debts from B at that time.

After all, the defendant, by deceiving the victim, had B receive the property.

B. Defendant A and B’s joint crime 1) The fraud of Defendant B against the victim N was prepared with false loan certificates, etc. and delivered them to Defendant A, and Defendant A took charge of the role of deceiving the victim as if he were to make an investment by using false loan certificates, etc. received from Defendant B.