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(영문) 서울동부지방법원 2017.08.11 2016고합307
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. A. Around June 12, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes to the victim H at the G office located in Seocho-gu Seoul Metropolitan Government Seoul Seocho-gu Seoul Metropolitan Government F Company G office to provide loans to the victim H in relation to the implementation project and savings banks at the time.

In order to do so, one billion won of down payment is required to be deposited, and one billion won of down payment is to be repaid up to June 27, 2008, such as 500 million won from the loan before the loan of one billion won.

“The phrase “ was false.”

However, in fact, G Co., Ltd., in which the defendant was the representative director, was a company established by I, who is the defendant's branch, to manage the personal enterprise and distribute funds. There was no plan to perform the above business. Even if the complainant borrowed money from the complainant, he did not use it at the expense of G Co., Ltd., and the defendant and G did not have any intent or ability to repay it.

As such, the Defendant, by deceiving the victim, was provided 713,00,000 won, including the sum of KRW 5,00,000,000 on June 13, 2008 and KRW 213,00,000 on July 7, 2008 from the victim to the victim as a gold.

B. On August 20, 2008, the Defendant: (a) around August 20, 2008, at the G Office of the said Company G Co., Ltd., the Defendant: (b) managed the Fund of KRW 12 billion from the J bank.

J Bank's K Chairman should be required to take personnel, and lending 300 million won or US dollars to the K President of the Bank. Accordingly, repayment will be made not later than October 19, 2008.

“.......”

However, as above, the defendant and G did not have any intention or ability to repay this.

As such, the Defendant, by deceiving the victim, was delivered 30 million Won (per 290,490,000 Won) from the injured party on August 21, 2008.

2. The recognition of criminal facts in a judgment in a criminal trial leads to a judge’s conviction to the extent that there is no room for a reasonable doubt.

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