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(영문) 서울동부지방법원 2014.11.05 2012고단2205
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the representative director of the D Business Association (hereinafter “Business Association”) which is an incorporated association.

On December 10, 2002, the Defendant borrowed 45 million won in total from the victim E by stating that “The Defendant would punish a large amount of money that he/she would lend.” After borrowing 20 million won, the Defendant borrowed 45 million won from the victim to December 28, 2002.

On January 28, 2003, the Defendant, who directly acquired money by the Defendant, was to borrow money from a bank as security or receive rebates from a construction company, from the victim at an infinite location, with “F commemorative projects exist,” if he/she donated the land from viewing, he/she would receive a loan from the library and art gallery as security, or complete payment of the money borrowed from the construction company. It is false that he/she can repay the money that he/she borrowed up to this day.

However, there was no fund to promote the establishment of the said library and art gallery except for the money received from the victim. The library and art gallery have commenced since 2007, five years after receiving the money from the victim, and the library and art gallery have not been willing or ability to repay the money even if they were to borrow money from the victim, such as making it impossible to pay the construction cost even to the art gallery and the company G (hereinafter “G”) in charge of construction of the underground floor of the library and the library, and making

The Defendant received a total of KRW 121,200,000 from Jan. 21, 2003 to Dec. 15, 2009 from the victim to Dec. 25, 2009, as stated in the list of crimes in the attached list of crimes.

B. On January 25, 2007, the Defendant stated that he would lend money directly to G while making a false statement to the victim at an unsound place as described in the paragraph (a), and that he would have the victim deliver KRW 20 million to G, and on February 15, 2007, the Defendant made the victim make a false statement by the same method and issued KRW 8 million to the victim.

However, the defendant has the victim lend money to G.

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