(영문) 대전지방법원 홍성지원 2016.05.30 2015고단851

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(영문) 대전지방법원 홍성지원 2016.05.30 2015고단851

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) around January 201, 201, at an infinite location in Chungcheongnam-gun budget group C, “E studio was put up in KRW 100 million; (c) upon accepting the sentence (D) above, the Defendant will be infinite and distribute profits to the victim D; and (d) as the procedure for acquiring the shares will help the shares to be within 100 million won, the Defendant will deliver the acquisition price to F inf.

‘False speech' was made.

However, in fact, the Defendant was thought to use the studio operation cost or other personal purposes to pay the acquisition price from the damaged person to the Defendant, and thus, the Defendant did not have the intent and ability to accept the studio operation right by paying the money from the damaged person to the F.

Defendant deceiving the victim as above and transferred KRW 80,000 from August 26, 201 to the head of Tong (H) in the name of Defendant G as the remainder of the acquisition price between August 26, 2011 to August 29, 2011.

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

2. Determination:

A. According to the records of this case, the following facts are recognized.

1) F and I jointly operated the studio of this case, which is an entertainment shop (5:5%). F and I borrowed KRW 70 million from the Defendant while operating the studio of this case.

2) Along with the difficulty in operating the room of this case, F and I decided to sell the room of this case to the Defendant.

After that, I was confined to the correctional institution in around 2010 (I seem to be G). Before being confined to the correctional institution, I was exempted from the above loan amount of KRW 70 million and transferred its shares in the room of this case to the defendant.

3) From around B, 2010, the Defendant participated in the operation of the studio in the instant case. On January 201, the Defendant discussed with the victim about the funds related to the studio in the instant case.

4) The aggrieved person is F. F.C. on March 2011.

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