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(영문) 울산지방법원 2014.11.06 2014고단558
사기
Text

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

Reasons

1. The Defendant, from June 28, 2007, established F in order for the Internet shopping mall operator to run a business that creates profits by immediately settling the price of goods and by paying the fee. From December 28, 2007, the Defendant received the investment from the victim G who was known to the general public in relation to the above business and paid the profits to the victim.

On May 22, 2008, the Defendant maintained the above transactional relationship with the victim, and prepared an investment agreement, notarial deed, etc. with the content that read as follows: “When investing in a casino specialized company, the Defendant will guarantee high profit. If 100 million won is lent, 50,000 won per month shall be paid, and 10% of the equity interest of the I Co., Ltd. (tentative name) which is H subsidiary will be paid.”

However, the defendant did not have any preparation for the above-mentioned casino-related business, and even if he received money from the victim, he only used it as business funds of F Co., Ltd. and did not have any intent or ability to pay the proceeds to the victim by investing it in the casino-related business.

The Defendant, as above, by deceiving the victim, received KRW 100 million from the victim on the same day.

2. According to the legal statement of the J and each evidence submitted by the Defendant, the court explained to the Defendant that the content of the Internet casino business around March 2008 and the minimum amount necessary therefor is KRW 100 million; ② the J takes charge of the establishment, business registration, construction of website, etc. in Canada at the Defendant’s order; ③ the J from March 2008 to the K account with its employee.

6. By no later than the end, approximately KRW 70 million was remitted from the Defendant, and the air fee and Canadian local legal entity.

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