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(영문) 서울중앙지방법원 2014.01.15 2012고단7243
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who served as the president of the 26th Tong/Ri of the E religious organization, a Buddhist religious group, from May 2001 to May 2005.

On April 23, 2007, the Defendant made a false statement to the effect that “The Defendant would entrust the instant juvenile training center’s exclusive business right to the instant juvenile training center in the name of the injured party’s wife M, thereby requesting the victim to pay KRW 150 million.”

However, on March 10, 2004, the Defendant leased and operated a youth training center from the N Maintenance Foundation, an incorporated foundation, the affiliate of the EM, to a 36-month rental period and 2 million won monthly rent (payment on February 9, 2005), and paid a monthly rent pursuant to the above lease agreement, but did not pay it thereafter. On March 9, 2007, the Defendant was notified of the termination of the lease agreement and requested by the N Maintenance Foundation to return the leased object, but continued to operate the instant youth training center while refusing to return the leased object. Therefore, the Defendant did not have any authority to entrust the Plaintiff with the instant youth training center exclusive business right.

The Defendant, as such, by deceiving the victim, received KRW 150 million under the name of the deposit deposit for entrusting the business of the instant youth training center through K.

2. The Defendant is arguing to the effect that he did not directly deception the victim at the time, and that he did not have the intent to acquire the victim by deception.

In light of the records of this case, E religious organizations have major organizations, which are religious associations, the highest administrative agency, the Tong/Ri, the inspector, the inspector, and the educational institute, which are educational institutions, as its affiliates, and not more than the Foundation (hereinafter referred to as the “O Foundation”) and the N Maintenance Foundation.

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