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(영문) 서울동부지방법원 2018.02.07 2017고단1644
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative director of corporation D established for the purpose of real estate development, etc.

On August 9, 2016, the Defendant made a false statement to the effect that “In the F Law Firm Office located in Seocho-gu Seoul, Seocho-gu Seoul E Building, the Defendant would pay principal until October 31, 2016 and then distribute 30% out of the business profits of 37 billion won.”

However, at the time, the Defendant was unable to pay the above H development project right acquisition fund to the said H development project owner (state) and was unable to obtain the above project right properly, and there was no project fund due to the lack of the land owner’s consent for the loan of the project fund. Even if the Defendant received money from the damaged party, he was willing to use part of his personal debt repayment, such as the J, which introduced the Defendant and the injured party, and thus, the Defendant did not have any intent or ability to pay the above money to the injured party and make profits.

On August 10, 2016, the Defendant, by deceiving the victim, was transferred KRW 300 million to the Bank’s account (Account Number:K) in the name of D around August 10, 2016.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by each evidence duly adopted and investigated by this court, the instant facts charged was proven to the extent that there is no reasonable doubt as to the Defendant’s criminal intent to commit deception and deception.

It is difficult to see, and there is no other evidence to acknowledge it.

(b) On March 2015, the KH Development Project Co., Ltd. and the KH Development Project Co., Ltd. have transferred all of the implementation of the development project under the agreement for transfer and acquisition of the LAD to the KAD.

According to L's legal statement, a contract for the transfer of business rights concluded between I and D is not yet terminated.

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