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(영문) 인천지방법원 부천지원 2019.05.09 2018고정911 (1)
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On March 13, 2018, the Defendant: (a) found on March 13, 2018, the old workplace rent, as “Bcertified tax accountant office” located in Seocheon-si C, the office of the victim B; and (b) indicated the documents in English; and (c) agreed to obtain an investment of KRW 2 billion in a foreign country; and (d) entered the investment amount.

3.To complete payment of 12 million won, including interest, around 20.20:

However, the Defendant did not have any intention or intent to receive an investment of KRW 2 billion in a foreign country, and even if he/she borrowed money, he/she did not have any capacity or intent to receive a full payment. The Defendant received the payment of KRW 10 million from the victim as his/her affiliated account. 2. Upon examining the evidence submitted by the Prosecutor, there is no evidence to acknowledge that the Defendant did not have any intention to receive an investment of KRW 2 billion in a foreign country as stated in the instant facts charged (the written statement prepared by the Defendant at the prosecutor’s office includes the purport that “the Defendant used the money received from the victim as daily expenses,” but as seen earlier, the Defendant did not prosecute the use of the borrowed money as a fact deceiving the Defendant, and the victim also stated at this law and investigative agency that “E (E; hereinafter referred to as “E”) did not receive a notice of the use of the borrowed money from the Defendant.” Rather, according to the evidence and materials submitted by the Defendant, E (E; hereinafter referred to as “E”) misrepresentation and bring in the borrowed amount of USD 1 million.

U.S. dollars 1,00,000 will be invested in the cost necessary for the management of the discovered case, and the cost required for withdrawing and bringing in the money deposited in the Kenya bank.

The court below found the defendant guilty on the ground that "the defendant deceivings the defendant to be " and deceiving him/her to be the sum of 87,882.603 won from December 7, 2017 to September 11, 2018, and was convicted in the first instance, and that the defendant deposited USD 2,00,000 in the I Bank for the defendant through H petitus, under the name of the person responsible for remittance of the bank.

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