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(영문) 서울중앙지방법원 2015.10.23 2015고단5062

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant received investment money from the victim C under the pretext that he/she will carry out multiple development projects, such as housing, etc. in the Philippines.

On February 2, 2012, the Defendant displayed the documents related to complex development projects, such as housing, etc. in the Republic of Korea, the Defendant, at the Defendant’s office located in the Republic of Korea, on the following grounds: “On the loan of KRW 300,000,00,000,000 for a complex development project site for the Republic of Korea, the Defendant would immediately complete the registration of ownership transfer for the said project site, and receive a loan as security within three months, and would repay the loan with the said project site. To secure this, the Defendant made a false statement to the effect that “on the loan of KRW 1,50,000,000,000 for the building of the office of the Republic of Korea equivalent to KRW 1,00,00,00

However, even if the defendant borrowed KRW 300 million from the victim, he/she did not have the intent or ability to receive a secured loan on the amount of KRW 1.5 million of the above complex development project site within three months, and the office building of the Philippines, which the defendant proposed as a security, was a dispute with a third party and there was little value of the security.

Nevertheless, the Defendant, as such, deceiving the victim and deceiving it from the victim on March 28, 2012, to KRW 250,000,000 from the bank account under the name of the Defendant (Account Number F) around March 28, 2012, is the same year.

4.25.Before the same account at around 25.23 million won, and the same year.

4.26.Before the same account at around 26.B. 15 million won, and the same year.

5.9.Before the same account at around 9.B.7 million won, and for the same year.

5. Police officers assigned KRW 300,000 to the same account, such as receiving KRW 5 million in total.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. The burden of proof of the facts charged in a judgment in a criminal trial shall be borne by a public prosecutor, and the recognition of guilt shall be made by a judge in a reasonable doubt.