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(영문) 수원지방법원 여주지원 2016.01.29 2015고단161
사기등
Text

The defendant shall be innocent.

Reasons

1. The Defendant charged with the instant charges via D and E is preparing for foreign currency exchange projects by leasing an office to the victim H at the 1st floor coffee shop located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul around March 20, 2008.

10 million won is to be invested by dividing the shares of the money exchange business and to pay profits.

The early investment amount of KRW 100 million will be recovered before September 21, 2008.

The phrase “ makes a false statement.”

However, in fact, G hotel had already been engaged in foreign currency exchange business from around 1998, and there was no possibility for the Defendant to rent an office in which the Defendant can engage in foreign currency exchange business. Rather, the Defendant thought that G hotel 1st floor office was leased to the purpose of real estate leasing business and lending business and used the funds received from the victimized party as funds for loan business, etc., and there was no other property that could guarantee KRW 100 million, so the Defendant did not have an intent or ability to pay profits as promised to the injured party, or to repay the principal of the investment by September 21, 2008.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim, to the national bank account in the name of D around March 21, 2008, and acquired the money by deceiving the victim as above, from around that time to April 28, 2008, the Defendant received total of KRW 300 million from the victim, such as the list of crimes in the attached list of crimes.

2. The defendant and his defense counsel asserted that 100 million won transferred by the complainant H on March 21, 2008 (hereinafter " complainant") was not accused directly or indirectly through D or E, and the complainant did not make the same statement as stated in the facts charged in relation to the remittance of money on April 1, 2008 and April 28, 2008. Moreover, at the time of transfer on April 28, 2008 above, the complainant was aware that it is difficult for the money exchange business within the above hotel. Thus, 10 million won is added as expenses for the establishment of the money exchange corporation.

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