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(영문) 대전지방법원 천안지원 2013.08.21 2013고합75
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. A. Around August 10, 2007, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said, at the 'Co., Ltd.' office of the Defendant in the management of the Defendant located in Gwangju North-gu, Gwangju, that “A Co., Ltd., Ltd.” office, the victim F, “I would make a patent with cash of KRW 500 million, and then will return 10% of the profit to the principal within three months without drawing up the mold.”

However, at the time, the Defendant did not raise any performance while running the above company, and was unable to make profits to the employees of the above company to the extent that they could not pay wages to the employees of the above company, and was obligated to pay 500 million won to other persons, such as G, etc., so there was no intention or ability to pay such profits even if he borrowed money from the victim.

As such, the Defendant received 690,9660,000 won in total from around August 16, 2007 to around 23, 2010 as indicated in the crime list from around that time to around May 23, 2010.

B. Around March 23, 2008, the fraud Defendant stated that “If the Defendant lends money to the victim J with business funds, he/she will repay the money to the victim J by June 30, 2008.”

However, at the time, the defendant did not have any intent or ability to repay even if he borrowed money from the victim as described in the above paragraph (a).

As such, the Defendant, who made a false statement to the victim, received five million won from the victim on March 23, 2008, around March 27, 2008, KRW 25 million around March 27, 2008, and KRW 2 million around April 10, 2008, respectively, and received KRW 32 million in total from the victim on April 10, 2008.

2. The summary of the defendant's and his defense counsel's assertion and the defense counsel's defense counsel

In relation to the facts charged in this case, this case is subject to the condition that the defendant divides profits and acquires E's shares, a joint business, while carrying out the development projects such as Dwork World.

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