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(영문) 의정부지방법원 고양지원 2014.01.16 2013고단1027
사기
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. A. On August 4, 2007, the Defendant made a false statement to the victim G at the “F Company’s “F Company” office operated by the Defendant in Gyeyang-gu, Gyeyang-gu, Seongbuk-gu, Seoul, to pay KRW 100 million to the victim G within six months when investing KRW 50 million in KRW 50 million.

However, since the defendant did not develop the above house, there was no intention or ability to pay the proceeds promised even if he received the above investment money from the victim.

The Defendant received from the victim the cash amount of KRW 50 million in the name of the investment, namely, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

B. On November 28, 2008, the Defendant made a false statement to the victim at the above Paragraph 1 of the same Article stating that “A person who purchased a stable site in Gyeyang-gu, Youngyang-gu, Seoul, and changed the purpose of use to a kindergarten site. If a construction is conducted, the amount of KRW 1 billion remains. If a person lends KRW 100 million, including KRW 10 million of the investment principal that has not been paid, the Defendant would pay KRW 260 million up to April 30, 2009.”

However, there was no person requesting the above construction, and the above site was a site where it is impossible to construct a kindergarten, and the defendant had no particular property, while there was no personal debt exceeding KRW 600 million, so the defendant did not have any intent or ability to repay the above money even if he borrowed the above money from the victim.

The Defendant received 100 million won in cash from the victim, i.e., in the name of investment.

Accordingly, the defendant was given property by deceiving the victim.

C. On April 1, 2011, the Defendant: (a) at the place specified in Paragraph (1) above, there is land on which an auction is being conducted to the J of Gyeyang-gu, Gyeyang-gu.

It has been awarded a successful bid and there is a big benefit.

If an investment of KRW 10 million is made, the investment principal shall be returned in September 1, 201, and the said land shall be the same as the investment principal.

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