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(영문) 창원지방법원 2018.09.12 2017고단2603
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Facts charged;

A. On July 17, 2011, the Defendant introduced D’s offshore plant production technology (a device that sets gasoline, petroleum, and diesel by melting waste plastics) operated by the victim C, purchased oil plant equipment from D from F of the Defendant’s operation located in the Philippines, and entered into a contract for purchasing oil plant equipment between F and D at F’s office around November 17, 201.

On November 30, 2011, the Defendant received $400,000 from the investment company called "in need of funds for the production of oiling plant facilities" in the F Office around November 30, 201, to receive investment of USD 400,000 in the oiling plant facility business.

If only KRW 10 million is KRW 10,000,000, G shall be paid the investment money with the payment guarantee from G.

It shall be paid with the loan of KRW 10 million with the loan of KRW 10 million.

“.....”

However, in fact, G, a company that is not a company that holds investment funds but a company that attracts investment funds, pays investment attraction expenses to G in F on November 30, 201, G, for the purpose of F, shall attract 400 million investment funds.

Since the business agreement was made with the content of “the business agreement”, G is subject to issuance of a payment guarantee from the bank.

Even in G, it was a situation in which investment funds can not be executed from G to F.

On November 30, 201, the Defendant transferred KRW 40 million to H’s corporate bank account around 10:55 on November 30, 201, KRW 35 million to H’s new bank account around 11:35 on November 30, 201, KRW 35 million on November 30, 201, and KRW 35 million on November 30, 201 to H’s Nonghyup Bank account around 12:13, 201.

B. Although there was an uncertain circumstance whether the Defendant was able to attract investment funds in G as seen above, the fact was concealed, and around February 6, 2012, the Defendant borrowed money from the F Office to the victim “The amount of investment funds was executed in Cho Man-man G, and the operating expenses of the party office are changed to the mother’s money. The entry of the investment funds from G is immediately possible.

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