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(영문) 서울서부지방법원 2017.03.23 2015고단1457
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

Ⅰ. Summary of the facts charged in this case

1. On June 8, 2009, the Defendant: (a) introduced the Defendant to the victim F at the “E hotel” coffee shop located in Ulsan-gu, Ulsan-gu; (b) introduced the Defendant as if he was a G adviser; and (c) took a pro rata with the president, etc.; and (d) took a pro rata with H’s president, etc., and (c) obtained I (hereinafter “the instant project”) permission within three months during the Defendant’s existence in G, by going to H at the expense of KRW 50 million.

A false statement was made.

In that sense, the death room is only a church member with the gender of 30 to 40, not G advisory members or employees, and H is not well aware of the procedures for I permission, and H does not have the jurisdiction of I permission, and the money received from the injured person was used for living expenses, personal debt repayment, etc., and there was no intention or ability to obtain I permission from the injured person.

On June 8, 2009, the Defendant: (a) by deceiving the victim; (b) received 49 million won from the victim to the deposit account in the name of J on June 8, 2009; and (c) received 1 million won in cash; and (d) received 50 million won in total from the victim.

2. On February 7, 2012, the Defendant, on February 7, 2012, filed a false statement with the victim in front of the front apartment of the Dong-dong apartment located in Ulsan-gu, Ulsan-gu, Seoul-ro No. 314, 11, and with respect to the above business license, the Defendant selected the Japanese business entity to enter the foreign company and selected the Japanese business entity at its expense.

The above facts did not have the intent or ability to obtain I permission from the victim.

As such, the Defendant, by deceiving the victim, was remitted from the victim to the new bank account in the name of the Defendant for business expenses on the same day.

Ⅱ. Determination

1. In full view of the following circumstances revealed by the record of one’s fraud on June 8, 2009, the Defendant borrowed KRW 50 million from J other than K and lent money to K by J from K.

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