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(영문) 서울서부지방법원 2014.08.07 2013고단2687
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a person who operated a specialized program production company, such as film, broadcast, cable, multimedia broadcast, etc., with the trade name “D” on the 5th floor of Gangnam-gu Seoul Metropolitan Government C building.

On August 1, 2010, the Defendant told the victim G that “it is necessary to create TV cartoon H as 3D film and export it to China. If the Defendant borrowed money to establish a corporation in Korea and China, the Defendant would receive investment from China after the establishment of the Chinese legal entity and transfer the money to the Korean legal entity to pay the profits after a month.”

However, even if the defendant receives money from the victim, he was used to establish a Chinese corporation for the production and export of movies and did not have the intent or ability to pay the benefit to the victim by receiving investment from China.

Nevertheless, on August 5, 2010, the Defendant received KRW 7 million from the victim G to the account in the name of the Defendant in the name of one bank in the name of the Defendant.

In addition, on October 10, 2010, the Defendant tolded the Victim I to the said purport, and received KRW 33 million from the said account on October 13, 2013.

Accordingly, the defendant deceivings victims, thereby deceiving 40 million won in total.

2. After establishing a company in Korea and China, the Defendant: (a) transferred Chinese investment funds to the J Co., Ltd. (hereinafter “J”); (b) holding the right to purchase TV animation H, by attracting investment funds from China; and (c) received investment funds from G and I for the establishment of the company and the attraction of investment funds from China; and (d) used the said funds for the establishment of the company and the attraction of investment funds from China.

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