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(영문) 의정부지방법원 2016.11.18 2016고단752
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged was that the Defendant was the representative director of D, who is a sales agent, and was to enter into a service contract for sales agency on April 12, 2012 with the Korea-U.S. Industrial Development Co., Ltd., which is the operator of the Seoul Dongjak-gu, Seoul Metropolitan Government Urban Residential Housing and Officetel development project, and the sales agent.

However, on April 19, 2012, the scheduled date of sale was postponed on June 1, 2012, and the sale was not commenced even on June 1, 2012, and the sale was delayed, such as the postponement of the re-scheduled schedule, and the shortage of the company's operating funds.

On June 2012, the Defendant: (a) in a car page in which it is impossible to identify the name located in Seocho-gu Seoul Seocho-gu, Seocho-gu in Seocho-gu, the Defendant: (b) stated that “I, a director of the Victim H, who is the Seoul J-type Seoul J-type Residential Housing Sale Business, smoothly arranged all the issues in the city-type Seoul J-type Residential Housing Sale Business; and (c) would receive the sales proceeds of KRW 80,000 per officetel if it invests KRW 80,000,000,000, the sales deposit amount of KRW 35,500,000,000, either would achieve the sales rate of KRW 70% or would return the investment amount on the basis of the earlier date within three months from the commencement date of the sale service; and (d) thereafter, I delivered the same content to G.

However, at that time, the starting date of sale was not determined due to the above circumstances, and the defendant's company did not have the ability to refund the money deposited for sale or the money invested as promised by the victim even if the sale is delayed because the amount of national taxes exceeding KRW 400 million and the amount of national taxes exceeding KRW 100 million are delinquent.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim around June 25, 2012, KRW 10 million around June 27, 2012, and KRW 40 million around June 29, 2012.

2. The judgment is based on the evidence duly adopted and examined by this Court.

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