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(영문) 서울중앙지방법원 2013.09.11 2013고단1326
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who is operating an advertising company called E on the fifth floor of the Seocho-gu Seoul Metropolitan Government D building.

Around June 2011, the Defendant said that “Around June 2011, the victim F will create and operate an advertising agency G and a RFID program development business entity. If the Defendant made an investment in this company, he will make an investment twice the investment amount within one year.”

However, even if the defendant received money from the victim, he did not have the intention or ability to use it in the operation of G, and the defendant thought to use it for the operation fund or personal purpose of the E company operated in the past, and there was no intention or ability to pay double the amount of investment within one year.

Nevertheless, on September 8, 2011, the Defendant, by deceiving the victim, received KRW 9 million from the victim’s corporate bank account (Account Number H) to transfer from the victim’s corporate bank account under the name of the Defendant, and acquired it by deceptioning KRW 388.5 million from the above date to April 12, 2012, as shown in attached Table 1, from the above date and time to the above account from April 12, 201.

B. Even if the Defendant borrowed money from the victim F, he did not have the intent or ability to repay the borrowed money.

Nevertheless, the Defendant, at the above E office around February 19, 2012, made a false statement to the effect that “I would immediately repay to the victim money that would be reduced in the amount of employee salary,” and received KRW 500,000 from an enterprise bank account (Account Number H) in the name of the Defendant on the same day, and received KRW 50,000 from the above day from the above day as shown in the attached List 2.

9. Until May 1, 200, a total sum of KRW 3.9 million was remitted and acquired by fraud.

2. Determination

A. There is a statement in each legal and investigative agency of the victim, I and J as well as the victim, I and J as evidence that corresponds to the facts charged as to the above facts charged under the name of the investment funds of the charge.

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