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(영문) 서울북부지방법원 2017.10.13 2016고단4335
사기
Text

The defendant shall be innocent.

Reasons

The Defendant is a person who served as the representative director of D, a company related to redevelopment and reconstruction.

On November 2014, the Defendant is in charge of providing advisory services and performing duties on behalf of the Seongbuk-gu Seoul Metropolitan Housing Redevelopment Project Association at the victim F office located in Yeongdeungpo-gu, Young-gu, Suwon-si, Suwon-si, the date of November 2014, and the improvement project will be completed and the construction will proceed.

In order to continue work from time to time with members, the Plaintiff borrowed KRW 33 million from April 2015 to borrow money, thereby making profits from G redevelopment from April 2015 to the late time, thereby making a false statement.

However, the Defendant did not have the money to be settled from G redevelopment-related company D, and even if he did not make any profit in addition to the debt of KRW 6 million with credit card use, he did not have the intent or ability to repay the loan from April 2015, as agreed, even if he did not borrow the money from the damaged party.

On November 28, 2014, the Defendant received cash of KRW 33 million from the injured party on the pretext of the borrowed money from the above office.

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

Judgment

In other words, the following circumstances acknowledged by the record: ① the Defendant was in arrears with approximately KRW 2,382,60 for each month as the representative director of D (hereinafter “D”) from May 2012, the Defendant received approximately KRW 41,477,930 for the total remuneration of KRW 31 months from May 2012 to November 2014 (the amount calculated by subtracting KRW 32,382,670 for the remuneration paid during the above period from KRW 73,860 for the total remuneration of KRW 31 months from May 2012 to KRW 32,382,67, and KRW 670 for the Seoul Housing Redevelopment and Improvement Project (hereinafter “instant Housing”) at the time of the instant case (Article 4 of the evidence submitted by the Defendant); and ② at the time of the Seoul Housing Redevelopment and Improvement Project Association (hereinafter “instant Housing”) provided D with the instant financial support from the Corporation.

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