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(영문) 인천지방법원 2013.07.26 2011고정2367 (1)
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Around December 2009, the Defendant posted an advertisement soliciting C Group branch offices on the Internet.

Around that time, the Defendant stated that “C organizations obtained permission under the laws of foreign nongovernmental aid organizations, and would be able to carry out welfare projects that would be desired by appointing the party as the president of the Association E branch of the Association, and in return, paid KRW 6.5 million of the donation cost.”

However, the facts are that the defendant's representative C organization is a foreign nongovernmental aid organization with its principal office in California, which is a foreign nongovernmental aid organization with its principal office in California, and the establishment of a branch office with which the defendant can carry out welfare projects in Korea is separately permitted by the competent authority as a social welfare foundation or non-profit corporation. However, there is no such permission that the defendant has obtained the above permission so that the victim can carry out welfare projects as the branch office, and there was no intention or ability

Accordingly, the Defendant, by deceiving the victim, received KRW 3 million from the victim as a donation on January 9, 2010, and received KRW 3.5 million from the H office located G in Thai City on January 19, 2010, and acquired KRW 6.5 million in total.

2. According to the facts charged in the instant case’s health account and the evidence submitted by the Prosecutor, the victim granted KRW 6.5 million to the Defendant around January 2010, but did not obtain permission from E for the welfare project desired by the victim.

However, according to the records of this case, C organization, which is a foundation, completed the registration pursuant to Article 4 of the Act on Foreign Non-Governmental Aid Organizations, established a branch office in Korea, and completed the registration thereof. On September 12, 2009, the defendant appointed the victim as the foundation head of C organization E branch of the Gangwon-do Association of International Lifelong Education, and on January 19, 2010, the foundation is the foundation from the head of the tax office having jurisdiction over the third place.

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