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(영문) 서울남부지방법원 2014.04.10 2013고단2557

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the president of the Company C, conspired with D, the representative director of the said Company, would attract investors under the pretext of paying profits from exchange marginal profits through foreign exchange futures trading, and the Defendant was in charge of attracting investment by explaining investors, etc., and the said D decided to contribute to the advertisement video that attracts investment.

On January 15, 2009, at the C office located in Yeongdeungpo-gu Seoul Metropolitan Government E-building 902, the Defendant stated that “Korea Company is a company that creates profits by investing in domestic and overseas financial investment business, overseas resources development business, and overseas trade-related business, and if it invests money in our company, it shall pay 4% of the monthly investment amount as profits and redeem the principal in full at the cost.” However, even if the Defendant received the investment from the victim, the Defendant did not have any intent or ability to distribute profits.

The defendant received 50 million won cashier's checks from the victim in collusion with D by receiving 50 million won cashier's checks as investment money from the victim and deceiving the victim to receive property.

2. Although the Defendant and his defense counsel have explained about the investment when the Defendant and his defense counsel sought a C office for investment, they did not deceiving the victim by talking about specific matters, etc. Even if there was a deception, the victim did not invest in C due to the Defendant’s investment recommendation, and thus there is no causation between deception and investment.

3. The witness G's legal statement and the police's statement of F are admissible as evidence that the defendant deceivings the victim as stated in the facts charged and is consistent with or consistent with the health care team as to whether the victim invested KRW 100 million.

There are the F's complaint book, F's protocol of interrogation of the police against the defendant, etc., and G's statement.

However, this Court.