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(영문) 서울중앙지방법원 2018.05.11 2016고단5793
사기
Text

The defendant is innocent.

Reasons

The summary of the facts charged and the defendant, B, C, and D, as the representative director of the "E Co., Ltd." corporation, conspiredd to acquire money under the pretext that the victim F, who operates a rice-related plant, would be able to expand a rice-related plant, with the knowledge of the fact that large amount of funds is necessary, and would raise funds through the activation of government underground funds.

Around September 20, 2014, the Defendant, B, C, and D conspired to introduce B, and D to the victim F. B, and B, D, and C have explained to the effect that “the Government underground funds of KRW 10 billion will be activated and, at the relevant cost, KRW 50 million will be increased to the amount of KRW 50 million.” On September 24, 2014, B introduced the Defendant to the victim, and B introduced “corporate M&A; is a person specialized in A; is a person with the relevant funds; 6 billion won at the head of the Tong with the relevant funds; and provided the Defendant with KRW 7,200 as security to the Defendant and using the head of the Tong with KRW 6 billion with the Defendant” to the effect that “the Government underground funds of KRW 10 billion may be activated if using the head of the Tong.”

However, the defendant, B, C, and D did not have an intention or ability to create funds promised to the victim.

The Defendant, B, C, and D deceiving the victim as above, and deceiving the victim from the victim to the corporate bank account in the name of the Defendant’s denying G on September 20, 2014, and 25 million won on September 24, 2014, respectively, in terms of the cost of raising funds from the victim.

Judgment

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the evidence submitted by the prosecutor alone was proved to the extent that there is no reasonable doubt that the defendant had taken money from the injured party by deceiving the injured party as stated in the instant facts charged.

It is difficult to see it.

The defendant who denies the defendant shall remit 25 million won from the victim.

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