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(영문) 서울중앙지방법원 2016.11.24 2014고단8502
사기등
Text

The defendant shall be innocent.

Reasons

1. Around 2007, the Defendant thought that the Defendant suffered a loss of KRW 400 million by free production of the business invested through the Victim F.

Therefore, even though the defendant did not have the intent or ability to have the victim take over the management right of G (state), he tried to assist the victim to take over the management right, and received the down payment necessary for taking over the management right, and received the money by forging the acceptance contract and receiving the money to the victim.

On March 2013, at the office of “I” located in Gangnam-gu Seoul, Gangnam-gu, Seoul on March 2013, the Defendant made a false statement that “G (owner) will pay 2.1 billion won to the victim F, and that “G (owner) will take over the management right and pay the balance of 2 billion won after acquiring the management right.”

On March 21, 2014, the Defendant, at the end of the foregoing false statement, up to KRW 5 million in total from the victim’s account at the financial institution of J, the Defendant’s wife, on March 21, 2014; KRW 50 million on March 24, 2014; KRW 10 million on the 25th of the same month; KRW 30 million on the 26th of the same month; KRW 10 million on the 31st of the same month; and KRW 10 million on the 31st of the same month;

4.1.1. 1.1 million won was deposited.

Accordingly, the defendant was given a total of KRW 16.8 million by deceiving the victim.

B. (1) On March 2014, the Defendant prepared a written contract for acquisition of shares and management rights to the effect that “G’s largest shareholder shall transfer his/her shares and management rights to L and M with the intent to provide the said F with the acquisition of shares and management rights at a place in which the date is no longer than that of the foregoing company, and that “G’s largest shareholder shall transfer his/her shares and management rights to L and M,” and the term “K’s representative as of the end of the contract” means K’s seal, “A”, “A” and “M” written contract for acquisition of shares and management rights under the name of K and M, the transferor of private document, which is a private document, and the transferee’s name, which is a private document, with the seal affixed to M’s respective rights and duties.”

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