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(영문) 의정부지방법원 고양지원 2019.05.15 2018고단3207
사기
Text

The defendant shall be innocent.

Reasons

1. On December 30, 2002, the Defendant: (a) invested KRW 334 million from the victim on December 30, 2002; and (b) agreed that any act of disposal can not be performed without consultation with the victim on the land in this case; and (c) around around December 2005, the Defendant returned KRW 180,000,000,000,000 out of the above investment amount, to the victim, on the following occasions: (a) the Defendant, who owns the ownership of the Defendant, was a 1,622 square meters and D 1,347 square meters; and (b) the Defendant, the Defendant’s head of the Defendant, who owns the ownership of the Defendant; and (b) the Defendant, was a 3

On December 21, 2009, the Defendant committed an act of borrowing money on or around December 21, 2009, false statement to the effect that “The Defendant may promptly recover the money invested by thener to be well carried out within the business, but if he/she lends the money of KRW 150 million due to the shortage of the project cost, he/she shall pay monthly interest of KRW 3,000,000,000 to be repaid after three months.”

However, without any particular income at the time, the Defendant was using the 80 million won Masp passbook, and was thought to borrow the money from the beginning to G as business expenses, so even if he borrowed money from the victim, the Defendant did not have the intent or ability to pay the principal and interest as agreed upon.

Nevertheless, the Defendant, as above, received a remittance of KRW 145 million from the victim by deducting the interest of KRW 4.5 million from the Defendant’s account in the name of H bank under the name of the Defendant on the same day as the loan money from the victim.

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

B. The Defendant committing a nominal loan-backed investment in around 2010 would re-investment in another development project in the remaining amount of KRW 150,000,000,000, which remains after investing in the land of this case.

When investing KRW 100 million, it is intended to give a certain share of 123m2 in Pakistan, which is owned jointly by the domestic government.

If the land of this case is to be re-investmented to borrow KRW 100 million as security, it shall be approved.

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