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(영문) 대전지방법원 2012.06.28 2011고단4850
사기
Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant did not have taken over the C (hereinafter “instant medical instruments company”) located in the Chinese Cheong City, and even if receiving investment funds from the victim D, the Defendant did not have any intent or ability to pay the said company’s shares and profits.

Nevertheless, around May 18, 2010, the Defendant, at the office of the Defendant, who was located in the Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of

Accordingly, the victim received 15,000,000 won from the bank account in the name of F on the same day, and received 65,000,000 won from the above E at the office of the above defendant on the same day and acquired 80,000 won in total.

2. The Defendant’s defense counsel stated to the effect that he did not receive the Defendant’s investment money from the victim and E because he did not intend to take over the medical device manufacture permit, but did not receive the Defendant’s investment money since he did not intend to take over the medical device manufacture permit, and did not intend to receive the Defendant’s investment money because he did not receive the victim’s investment money since he did not want to take over the medical device manufacture permit. 10 million won investment, and there was a statement to the effect that “the Plaintiff already acquired the medical device manufacture permit” or “the amount of KRW 3.5 million per month prior to the medical device sale, and KRW 6.5 million per month thereafter.”

3. The recognition of facts constituting an offense in a judgment in a criminal trial would lead to a judge’s conviction to the extent that there is no room for a reasonable doubt.

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