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(영문) 서울서부지방법원 2014.02.18 2013고단1259
사기
Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is a person who established and operated the Internet shopping mall called "H" in Geumcheon-gu Seoul Metropolitan Government by leasing and operating the "E Child Care Center" in Geumcheon-gu Seoul Metropolitan Government D from the victim F, and soliciting the victim to invest in the clothing sales business.

1. On March 11, 2011, the Defendant stated that “A child-care center repair expenses shall be repaid to the victim within one month from the day when the child-care center is lent” to the victim.

However, in fact, even if the victim borrowed money from the victim, it was thought that most of them will be consumed individually, and there was no idea to use it as the repair cost of the child care center, and there was no certain income or property at the time, and there was no intention or ability to repay the above money within one month under the circumstance that the victim bears a debt equivalent to KRW 130 million.

The Defendant, by deceiving the victim as above, received KRW 33 million from the victim as the borrowed money from the victim, to the Suhyup Bank account in the name of the Defendant.

2. On March 12, 2012, the Defendant made a false statement to the victim that “the cost of operating shopping mall is required” at the shopping mall office.

However, even if the victim receives money from the victim, it was thought that most of them will be consumed individually, and there was no idea to use it as the shopping mall operating fund such as the purchase of clothes.

The Defendant, by deceiving the victim as above, received KRW 35 million from the victim to the Agricultural Cooperative account under the name of the Defendant for the purpose of operating the shopping mall around that time, and received KRW 58,30,000 in total three times from around that time to May 15, 2012, as shown in the attached crime list, as shown in the attached list of crimes.

Accordingly, the defendant acquired a total of 90,000 won from the victim.

Maz.

1. As to the facts charged in the instant case, the Defendant’s defense counsel (hereinafter “instant childcare center”) borrowed 3.3 million won at the remodeling cost of the E childcare center (hereinafter “instant childcare center”), however, during one month.

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