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(영문) 수원지방법원 안양지원 2014.02.04 2012고단1380
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Around June 2007, the summary of the facts charged stated that “The Defendant would immediately repay within one month if he/she lends money to the foreign company the amount of investment to the victim G, at the (ju) F Office operated by the Defendant in Guro-gu Seoul Metropolitan Government, to the victim G.”

However, the Defendant, while accepting F, was in a situation where he was liable to pay approximately KRW 1.6 billion to the Defendant, and the said F was not expected to pay the investment amount from foreign companies. The Defendant had no plan to actually proceed with the oil business from the beginning, and the F was in a situation where it was impossible to bring profits from the date of the occurrence of the business. Therefore, the Defendant did not have any intent or ability to pay the amount even if he borrowed it from the victim as activity expenses.

As such, the Defendant received from the victim a false statement to the Japanese bank account (H) in the name of the Defendant, 30 million won on June 22, 2007, and 15 million won on July 10, 2007, and 95 million won on July 20, 2007.

2. According to the evidence duly adopted and examined by this court, the following facts are acknowledged: ① the Defendant introduced the victim through I and J around the end of 2006; ② the Defendant was suffering from the fund difficulties in the process of accepting F; ③ the victim and F; ③ the Defendant lent or invested a large amount of money in the process of acquiring F; ④ the fact that the instant money is part of the said money; ⑤ the victim, in the process of granting the said money, requested the Defendant, etc. to provide a collateral to the company, set the right to collateral on the company’s real property; ⑤ the victim was able to receive shares as a substitute for the payment; and the fact that F was operated by the Chairperson who is a major shareholder

The prosecutor's key contents of deception among the contents of the prosecution of this case are not the investment plan of foreign companies.

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