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(영문) 서울동부지방법원 2014.10.23 2014고단1770
사기
Text

The defendant shall be innocent.

Reasons

1. Around April 2012, the Defendant came to know of the fact that C received a request from D to introduce cooperation companies, such as restaurants, in which C would be expected to accept the dishonor from D, and that C would allow the victim F to supply the instant EweS along with the false statement that C would allow the victim F to use the introduction fee.

At around 15:00 on May 4, 2013, the Defendant made a false statement to the Defendant’s office located in Gangdong-gu Seoul Metropolitan Government, stating, “The Defendant may supply KRW 20 million per 10,000,000 per month to the victim F at the bar of the Defendant’s office, “I will return in full the amount of the introduction if I would return to the Defendant’s office.”

However, it was impossible for D to deliver fruites from May 15, 2013, because D prepared a building owner and a memorandum of understanding about the aforesaid Eweves around April 2013, and did not take over the said weves.

around May 7, 2013, the Defendant received KRW 20 million from the victim to the account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

2. The Defendant asserts that D has no intention to commit fraud, since D accepts Ewa Holdings (hereinafter “this case”) and start its business from May 15, 2013, it believed C’s horse to introduce the cooperation company, and introduced and received the cooperation fund. As such, D merely received the introduction fund, it did not intend to commit fraud.

However, according to the evidence adopted and examined by this Court, D was engaged in preparation for accepting the instant database prior to April 2013, and requested C to introduce cooperation companies necessary for the operation of a wedding hall. However, C is asserting that D would start the operation of a wedding hall around May 15, 2013, and D would do so.

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