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(영문) 서울중앙지방법원 2014.12.02 2013고단6739
사기
Text

The defendant shall be innocent.

Reasons

Summary of Facts charged

1. On May 26, 2010, the Defendant made a false statement to the victim I that “The Defendant would have a patent related to the price of gold in Gangnam-gu Seoul, Gangnam-gu, Seoul, by means of investment in business funds, by giving three additional interest every month, and return the principal by November 30, 2010.”

However, the fact is that the Defendant, as a bad credit holder, was in progress with the Defendant’s debt amounting to KRW 20 million and without any funds from the victim, and it was difficult for the Korea Technology Finance Corporation to properly carry out the business. Therefore, even if the money was received from the victim, the Defendant did not have the intent or ability to return the principal to the victim or to reduce the profit.

The Defendant received KRW 50 million in total from the victim to June 18, 2010 as stated in the attached Table of Crimes (1) in the said 22 manner, including a transfer of KRW 56,358,290,000,000,000 from the victim’s place of investment, immediately from the date and time to June 18, 2010.

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

2. On June 30, 2010, the Defendant made a false statement to the K Office of the Co., Ltd. located in J 2 of Gangdong-gu Seoul, Gangdong-gu, Seoul, that “I lend additional funds to do so in Thailand, because the gold price business is not well-grounded, I will continue to pay the full amount of the existing money by raising funds through the fund-making business in Thailand and continuously providing the gold price business.”

However, the defendant's failure in the gold market project is to conduct a friet project without any particular capital and experience in order to raise additional project funds, and there was little possibility of success in the project, and the defendant is liable for the debt as a credit bad.

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