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(영문) 서울중앙지방법원 2018.06.15 2017고단6938
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. The Defendant is a director of the said joint-stock company established for the purpose of housing construction business, etc. located in FMM on December 22, 2012 to the victim E (the change to I on October 22, 2014) at an in-house director of the said joint-stock company.

The purpose of this case is to sell the down payment amount of KRW 5.5 billion to 5.5 billion, and receive the promissory note of KRW 500 million as Chapter 3 (Chapter 2 of KRW 150 million, KRW 200 million, KRW 150 million, KRW 150 million, KRW 150 million, KRW 150 million, KRW 2000, KRW 1500,000, KRW 2000, KRW 1500,000, KRW 200,000, KRW 15.5,000, KRW 15,000, KRW 13,000, KRW 13,000, KRW 13,000, KRW 13,000, KRW 50,000, KRW 200.

However, in fact, the Promissory Notes with D 150 million won (hereinafter “ Promissory Notes”) did not receive the sales deposit of the instant site, but the business of constructing apartment units on the instant site is expected to be carried out jointly with N, and for the purpose of raising funds for its enforcement, it is anticipated that the Promissory Notes with N will be processed in default on the payment date for the purpose of discount. The Defendant, etc. was notarized by issuing the Promissory Notes on December 24, 2012, and the Defendant did not have any intent or ability to properly settle the said Promissory Notes with the said KRW 160 million.

Nevertheless, the Defendant, by deceiving the victim as such, received 160 million won from the victim to the one bank account (P) in the name of the O Co., Ltd. on the same day and acquired it by deceiving the victim.

B. On January 14, 2013, the Defendant for the discount of Qbsory Notes: (a) one promissory note note numbering KRW 150 million paid as down payment to the victim E (a note number Q and issuer J.

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