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(영문) 광주지방법원 2013.03.07 2012고단6310
사기
Text

The defendant is innocent. All of the applications filed by the applicant for compensation shall be dismissed.

Reasons

1. Around June 2006, the Defendant, at the F Co., Ltd. office located on the fourth floor of the Dong-gu Seoul metropolitan building, intends to establish and operate the company “Astststru” with victims C and D. In G, the Defendant was planned to sell the non-rests developed by Astru Co., Ltd. (hereinafter “Astru”). The product would bring about a lot of profits when selling the product with products entered into a supply contract with H, etc., and would make a false payment of KRW 50,000 per month for three years when investing KRW 10 million in the name of investment.

However, in fact, the Defendant did not acquire the general sales right to sell a list of products and did not have the ability to acquire it. At the time, the Defendant had no intention or ability to pay the profits even if he received the investment money from the victims due to the amount of debt KRW 130 million.

As such, the Defendant deceivings the victims to the same year.

8.1.Around January, 2000 won received from the victims each total of KRW 10 million for investment purposes.

Accordingly, the defendant was provided property by deceiving the victims.

2. The defendant's summary of the defendant's lawsuit argues that it was true that he received 20 million won from the victims as investment funds, as stated in the facts charged, that he received the above investment funds with the intention to actually engage in the business such as sales of infinites, but actually established G, which was carrying out such business, and did not receive money from the victims with the intention to obtain money from the victims since he did not receive money for investment profits because he did not make profits or did not receive money for investment profits from the beginning.

3. Determination

A. The following circumstances are acknowledged based on the following: (a) the circumstances that correspond to the facts charged; (b) the Defendant’s partial statement; (c) the Defendant’s each legal statement; (d) the details of each passbook transaction; and (e) the detailed statement of the passbook.

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