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(영문) 서울서부지방법원 2014.06.13 2012고단2412
사기
Text

The defendants are all innocent.

Reasons

1. On January 3, 2013, the Defendant was sentenced to six months of imprisonment and one year of suspended execution for fraud, etc. at the Seoul Western District Court (Seoul Western District Court). The said judgment became final and conclusive on May 9, 2013.

Around July 2008, the Defendant made a false statement to the effect that, at the “E company” office of the victim D’s operation of the Geumcheon-gu Seoul Building C (401-2), “DB construction work is required, search and color program development is required.”

However, even if the Defendant received the program development cost from the victim, the Defendant did not have the intent or ability to develop the program necessary for the business of the said “E company”.

Nevertheless, the Defendant, as above, by making a false statement to the victim and presenting a false written contract as if the Defendant entered into the development contract with the Defendant’s East F with the Defendant’s East F, deceiving the victim by suggesting it, and then, he, around July 31, 2008, remitted KRW 2,901,00 from the victim to the bank account in the name of F to the program development cost.

B. Around July 2009, the Defendant made a false statement to the effect that “A program development is needed to be used to carry out a project for building DB of the Child Care Policy Development Institute” to the victim D, and that “A project is different from development expenses.” On August 7, 2009, the Defendant made a false statement to the victim that “A program development was left, and the conclusion of a contract was made with G.”

However, even if the Defendant received the program development cost from the victim, he did not have the intent or ability to develop the program necessary for the business of the said “E company”.

Nevertheless, on August 7, 2009, the Defendant, by deceiving the victim as above, received 4,835,000 won from the Korean bank account in the name of F as the program development cost from the victim and fraudulently acquired it.

2. The gist of the defendant's and his defense counsel's assertion is that the defendant's service of searching and developing color programs is transferred to H after the university of the defendant.

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