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(영문) 수원지방법원 성남지원 2017.03.03 2016고단3223
사기
Text

The defendant shall be innocent.

Reasons

I. The facts charged in this case

1. On November 2013, 2013, the Defendant: “The victim C shall provide funds necessary for the completion of the interior works at a scarcity’s office. It shall be repaid immediately.

The phrase “ makes a false statement.”

However, there was no intention or ability to repay the borrowed money, since it was thought that the Defendant would use it as rent and salary for a multi-level company operated by the Defendant even after receiving the money from the injured party.

Around November 22, 2013, the Defendant acquired money from the injured party by remittance of KRW 10 million under the name of the Nong Bank account (Account Number: E) in the name of D, from November 22, 2013.

2. On November 201, 2013, the Defendant proposed that the victim would not be deemed to operate the F operated by the Defendant at a closed and irregular place, and that “one point is required to be opened.”

On November 22, 2013, the amount of KRW 10 million lent from around November 22, 2013 is recognized as the cost of opening the point.

When investing money, it will be used as a test cost, goods cost, security deposit, etc. necessary for the establishment of one point.

The phrase “ makes a false statement.”

However, even after receiving the investment money, there was no intention or ability to return the money to the victim because it was thought that the money was used as the test cost, rent, management cost of multi-level company, debt repayment, etc.

Around November 28, 2013, the Defendant acquired 20 million won from the damaged person to the account as stated in paragraph (1) around November 28, 2013, and from January 27, 2014, the Defendant acquired 20 million won from the Nonghyup Bank account (Account Number: G) account in the name of the Defendant.

II. Judgment

1. The Defendant’s assertion is relatively consistent from the investigative agency to the present court, and the Defendant did not provide the victim with false information about the subject-matter of business investment and the current status of funds, and received money from the injured party for the cost of opening a single unit of a franchise from the injured party, or because the victim did not color the place where the Defendant would open a single unit of a franchise.

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