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(영문) 서울중앙지방법원 2016.06.17 2015고합594

특정경제범죄가중처벌등에관한법률위반(사기)등

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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 the representative director of the D Co., Ltd. (hereinafter “D”) with the Goyang-gu Seoul 2nd floor in Yangyang-gu, Yangyang-gu.

A. The Defendant, in collusion with F on May 23, 201, would take 25% of the shares in the right to operate a restaurant if the Defendant invested KRW 50 million as the victim E “the cafeteria building was completed at the 3rd G construction site and the additional fund was required.”

Since there are about 50 copies of human being, it would be able to gain a large amount of profit by using 500 persons.

However, at the time, the defendant and F did not have the right to operate the restaurant at the construction site of three G, so the defendant and F did not have the right to operate the restaurant and did not have the intent or ability to make profits.

The Defendant and F, as such, deceiving the victim as such, was transferred to the new bank account opened in the name of the Defendant on May 23, 201, the sum of KRW 50 million, including KRW 100,000,000 to the same account on June 10, 201, and KRW 150,000,000,000,000 to the same account as of June 10, 201.

2) On September 201, the Defendant conspired with F, and around September 201, in collusion with F, the victim E is difficult to operate the Company because the instant D office is delayed.

There is a slaughterhouse called H in the two North Koreas, and when accepting it and slaughtering cattle, pigs, etc., a large amount of profit would occur.

If the deposit is invested by changing the current rent into monthly income, it will be used only for four months and returned.

“A false statement” was made.

However, at the time the defendant and F did not have the intention or ability to accept the H slaughterhouse or return the investment of the victimized person through its operation.

Defendant and F, as such, deceiving the victim and deceiving the victim, received KRW 25 million from the victim to the new bank account under the name of the Defendant on October 4, 2011, and received KRW 61 million in total nine times until November 28, 201, as shown in [Attachment 6-1] Nos. 6 through 14.