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(영문) 서울중앙지방법원 2015.01.15 2013고단7817
사기
Text

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

Reasons

1. The Defendant is the representative director of the E company, and the victim F participates in the 4G H of the next generation in Korea by the victim F, and he heard that the said G is a shareholder of the said G, and committed the following crimes.

On December 28, 2011, the Defendant made a false statement to the said victim that “The Defendant would be entitled to attract investment of KRW 100 billion from China’s Bori Group, and the intent to make an investment would vary with the initial expense and the consideration within one month.”

However, the Defendant was unable to attract investment of KRW 100 billion due to lack of connection with China's Bori Group, and rather, was willing to use the money received from the victim as the agreed amount of a case in which a complaint was filed, and the Defendant was not able to attract investment even if he received money from the victim.

Accordingly, the Defendant, by deceiving the victim as such, received 150 million won as a check from the victim, namely, the check.

2. According to the evidence submitted by the judgment prosecutor, the following facts can be acknowledged.

On December 28, 2011, F issued to the Defendant a check of KRW 150 million. After this framework, the Defendant drafted and issued F a loan certificate stating that “I, upon the need for initial expenses to be incurred in carrying out all administrative affairs necessary for preparing a letter of intent to make an investment in the 4-tentatively named new telecommunications business between the Chinese Bouri Group and the F Chairperson, I have borrowed the above amount.”

The Defendant used KRW 50 million among the above money as the agreed amount in a fraudulent case that was lodged by K, and wired or directly delivered KRW 93 million to the account of M, the president of L, and a part of the amount is M through the so-called "The Refunding Law".

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