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(영문) 서울서부지방법원 2014.05.13 2013고단2864
사기등
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who operated D Co., Ltd. (hereinafter “D”) established for the purpose of distributing and selling agricultural products, etc.

Around January 2012, the Defendant concluded that “A factory site is purchased and an agricultural product processing factory is established in the Do office located in the third floor of the Yongsan-gu Seoul Metropolitan Government F building (55 years old).” Around January 2012, the Defendant concluded that “A factory site is to be purchased and an agricultural product processing factory is to be established in the Do office located in the 3rd floor of Yongsan-gu Seoul Metropolitan

However, at the time, the defendant did not have purchased the site of the factory and did not have established a specific plan for the establishment of the factory, so even if he received money from the victim, he did not have the ability to establish and lease the factory as the promise.

As such, the Defendant made a false statement to the victim, and from the victim on January 1, 2012, the Defendant 20 million won through the national bank account in the name of the Defendant, as a security deposit deposit, and the same year.

1. Around 27.27. Around the same account, each remittance of KRW 20,000,000,000,000, in total, was obtained.

B. According to the Defendant’s proposal, the victim of the fabrication of private documents and the uttering of the falsified Documents indicated in the indictment for internal directors of D’s representative from May 1, 2012 as “audit.” However, according to the witness G’s statement in the second protocol of trial, this appears to be a clerical error in the “representative director”.

After assuming office, while H paid a deposit of KRW 60 million to enter into a distribution consignment agreement of agricultural products supplied to H on behalf of the company. However, as the contract is terminated on August 17, 2012, the Defendant applied for a payment order seeking payment of KRW 60 million and the factory rental deposit of KRW 40 million as stated in paragraph (a).

In order to submit the case to the trial process, etc. of the above case, the defendant acquired 49% of the D shares from the D office on October 2012 by the computer.

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