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(영문) 서울동부지방법원 2014.06.26 2013고단206
사기
Text

The defendant dismissed each application for compensation filed by each of the applicants for compensation.

Reasons

1. On July 201, 201, the Defendant stated in the facts charged that “The Defendant would make a lot of money by developing the securities company H.T.S. program at the securities company H.S. and return money if he/she fails to proceed within 10 days from that time on September 26, 201 with the scheduled date of commencement of business,” to the victim C and the victim D, who is unaware of the trade name in the Dobong-gu, Seoul Special Metropolitan City.

However, in fact, the Defendant did not develop a share transaction program at the time and did not pay a large amount of money. However, even if the program was being developed at the time, it was not commercialized, and even if commercialization took place, there was no intention or ability to pay profits even if the victims received investments from the victims. Since there was only a debt of KRW 180 million without any other property, there was no intention or ability to return the principal of the investment within the return date.

Nevertheless, on September 19, 201, the Defendant: (a) informed the victims of such deception; (b) obtained 80 million won at the coffee shop that he knew of the trade name in the whereabouts of the U.S. children of Gangnam-gu Seoul; and (c) obtained 10 million won at the same place as on October 6 of the same year, and acquired 90 million won in total.

2. According to the evidence adopted and examined by the court below, the following circumstances revealed: ① the victim C invested considerable funds in around 2008, the prior 2008 prior to the instant case, and had failed to perform the H.T.S. brokerage business using the H.S. program, and ② the Defendant and the victims entered into an agreement on September 19, 201 (Evidence 9 pages) and entered into the agreement on September 19, 201, and the victims invested KRW 100 million, and the Defendant agreed to develop and operate the H.T.S. program and divide the profits accrued from the said business according to the share ratio. ③ In accordance with the agreement, the victim and the victims agreed to invest in KRW 100 million.

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