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(영문) 서울중앙지방법원 2013.12.06 2013고단1306
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 AD (hereinafter “D”) of Russia for the purpose of importing raw materials, including aluminium, in the Russia’s Republic of Korea.

On January 201, 201, the Defendant, who was aware of a business relationship from the beginning of Gangnam-gu, Seoul, as his business relationship, was in a state of contact with the victim while the Defendant was unable to repay KRW 100 million from the victim as the hotel acquisition fund around 2005.

The Defendant solicited the victim to participate in the business through the Plaintiff’s investment in Russia’s real estate and the import of raw materials. At the time, the Defendant was in the state of putting funds into custody due to Russia apartment construction investment, etc., and was planned to import Aluminum from new business partners, such as F, which can be imported at a low cost in addition to the previous revenue sources, and for this purpose, the credit security deposit was required.

The Defendant solicited the victim to participate in the business by providing that “Aussia company F and Aluminum import contract is concluded for one year, and the amount of 3,000t imports once a month, approximately KRW 300 million is the profit of each time, so if the victim provided KRW 200 million out of the security deposit necessary for the issuance of the credit, the victim would continue to distribute the profit.”

On May 2, 2011, the defendant requires 200 million won of credit deposit for the victim's import of "Aluminium" at D offices located in Gangnam-gu Seoul, Gangnam-gu.

Since a long-term income will accrue, if so, it will be possible to repay the previous KRW 100 million with the revenue, and to distribute the revenue to approximately KRW 150 million with the revenue of KRW 50:50,000 for the first time when the revenue is imported.

The level of four to five times a year may be the result of revenue generated.

The deposit amount of KRW 200 million is kept in the bank as it is.

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