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(영문) 의정부지방법원 고양지원 2019.01.10 2017고단3510
사기
Text

Defendants are not guilty.

Reasons

1. The Defendants were aware of the facts charged with the intent to acquire money by means of borrowing investment funds from the victim D who intends to engage in the Gangwon-do literacy sand and aggregate development project.

around May 2015, Defendants A and B conspired with the victim at a non-permanent location: “Korea branch of E, an investment company located in Hong Kong, entered into an investment contract of USD 10 billion or more with the president of E, the investment company located in Hong Kong. The Gangwon-do literacy sand and aggregate development project will be introduced so that funds can be received from E, which is necessary to collect investment funds; Defendant C is the head of E, an investment company located in Hong Kong, the investment company located in Hong Kong. intending to invest in social infrastructure projects and industrial economic development of the Republic of Korea.” Defendant A and Defendant B kept the investment agreement to the victim at a non-place on June 30, 2015, stating that “The need for investment of KRW 400,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.”

However, even if the Defendants received KRW 40 million from the victim, they did not have the intent or ability to attract the investment amount equivalent to KRW 30 billion in the victim's business.

Nevertheless, the Defendants conspired to induce the victim and to this end, received KRW 10 million on the same day from the victim’s account in the name of the Defendant, KRW 4.2 million on July 2, 2015, KRW 10 million on July 3, 2015, KRW 2 million on July 11, 2015, and KRW 2 million on July 29, 2015, from Defendant B’s GF association account in the name of G, and received KRW 33.2 million on July 29, 2015, respectively.

2. The following facts are acknowledged according to the evidence duly adopted and examined by this Court.

1 Defendant C shall be around May 23, 2015.

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