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(영문) 서울중앙지방법원 2016.04.27 2015고단7661
사기
Text

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

Reasons

1. The Defendant, on March 26, 2012, at the law firm D office located in Gangnam-gu Seoul Metropolitan Government (Seoul) around March 26, 2012, he/she is able to punish the victim E (62) with the “inland development, and with the development of tin acid, a larger amount of money.

The construction work shall begin when the authorization and permission for the development of tinsan has already been granted, and when there is only two months, the construction work shall begin.

If an investment of KRW 300 million is made in tinsan development, 10% out of the shares in B related to tinsan Development shall be pollution, and the amount invested may be refunded after the lapse of 4-5 months, and profits will be given to the Corporation thereafter.

“A false statement” was made.

However, in order to obtain authorization and permission for the development of tinsan, it is necessary to obtain a letter of intent from a construction company to supply soil and stone in advance, and to file an application for authorization and permission with the competent administrative agency along with it. However, since the construction company did not set up its own letter of intent, it is not clear whether to obtain authorization and permission for the development of tinsan in the future. There was no fund raising for the development of tinsan, and even if there was no certain income and occupation, it was considered to be used as the repayment of borrowed money and the expenses for marriage, etc. even if it was paid money from the injured party due to the lack of certain income and occupation owned by the defendant, and therefore the defendant did not have any intention or ability to properly proceed with the development of tinsan.

As above, the Defendant: (a) by deceiving the victim; (b) received the delivery of KRW 4 million around March 26, 2012, around April 4, 2012, KRW 94 million around April 3, 2012, KRW 25 million around May 3, 2012, KRW 30 million around May 16, 2012, and KRW 15 million around June 18, 2012, respectively, from the victims.

2. Determination

A. The Defendant may commence the construction if the Defendant had already obtained authorization and permission for the development of stone, and if only two months have passed, and return the invested money if only four to five months have passed.

There was no word to the effect that "," and rather, at the time of delivery of the said money through an explanation by the defendant, etc., the injured person obtains authorization and permission for the development of tinsan.

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