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(영문) 서울중앙지방법원 2020.01.06 2019고단2971
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who actually operated an agricultural company B (hereinafter “B”) with the Defendant’s punishment C and D.

On April 2013, the Defendant makes a false statement to the victim G at the office B located in the subparagraph F of the Seocho-gu Seoul E building in Seocho-gu, Seoul, stating that “new growing project has technology in B in connection with promising projects, and if the new growing plant is located in the land, the Korea Technology Credit Guarantee Fund may grant a loan from the victim, and make an investment to the Gyeongsung and Chungcheong voice, the principal and interest thereon may be repaid from April 26, 2013 to the bank account in the name of the victim, and from April 26, 2013 to H (hereinafter “H”) operated by the Defendant, the account in the name of the agricultural partnership (hereinafter “H”).

5. 22.3 million won, and the same year;

6. A total of KRW 30 million, including KRW 7 million, was transferred on July 17.

However, in fact, B did not have any technology related to seed growing, and it did not merely operate a loan from the Korea Technology Credit Guarantee Fund, but did not set up a factory in the south Hasong and Chungcheong voice. Since the money received from the victim was used as rent for office arrears (12 million won) used by B, it was not possible to repay the principal and interest after the lapse of 40 and 5 months even if the victim received investment money from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Determination

A. The Defendant asserted that D, the actual operator of B, led the new growing project, and received explanations from D about the project and delivered them to the victim, such as funding, etc., and did not deception or deception the victim.

B. The Defendant received D through the Defendant’s penal C, who operated solar energy projects around 2012, following the start of a new growing project and the process of the establishment of B, etc., and D used a new growing technique at the time.

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