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(영문) 서울중앙지방법원 2020.09.08 2019고단168
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2014, the Defendant: (a) at the victim C’s office located in Yeongdeungpo-gu Seoul Metropolitan Government, referred to as “the victim may create a foreign investment fund of 100 million won in Belgium,” and (b) received the victim’s recommendation from the victim for a Belgium development project between the heat and power plant in Seosan, and then “private sets development project” from the victim; (c) on July 2014, 2014, at the main place where it is impossible to identify the business name of E located in Yeongdeungpo-gu Seoul, Seocho-gu, Seoul, the Defendant received the victim’s local subsidiary in Belgium and established the Korean corporation through Belgium located in Belgium, and the victim’s application for a foreign investment corporation and the Korean corporation should be established through Belgium in Belgium. Accordingly, the Defendant shall invest KRW 150 million at the expense of acquiring the corporation.”

However, the Defendant not only did 100 million investment funds in Belgium but also intended to receive money from the victim and use it as personal living expenses.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of KRW 50 million on September 4, 2014, KRW 35 million on September 5, 2014, KRW 150 million on September 5, 2014, KRW 150 million on October 6, 2014, KRW 210 million on October 21, 2014, KRW 15 million on November 10, 2014, KRW 15 million on January 18, 2015, and KRW 1125 million on a total from the Defendant’s F bank account.

Summary of Evidence

1. Although the Defendant received money from the victim, it is true that the Defendant did not deceiving the victim, even though the Defendant did not receive money from the victim. The Prosecutor’s suspect interrogation protocol (including C and G’s statement) against the Defendant, each written statement of the suspect interrogation protocol prepared by the Prosecutor’s Office C on the Defendant, the Face North-to-North dialogue (fack-to-on screen), the draft business plan, the certificate of remittance, the personal immigration status, and the account transaction details

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