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(영문) 서울중앙지방법원 2017.12.06 2016고단8713
사기
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

The request of the applicant for compensation shall be dismissed.

Reasons

1. A summary of the facts charged was operated by the Defendant, a company assisting overseas investment.

A. On May 2010, the Defendant: (a) at the G Co., Ltd. office operated by the victim D in Gangnam-gu Seoul, Seoul, the Defendant paid USD 1,50,000,000,000,000 that was invested in the United States with Cheongna oil to the victim; (b) during the course of the project, the Defendant loaned USD 300,000 to the expenses necessary for the implementation of the project and paid USD 300,000,000 including the principal, and arranged the overseas investment.

“False speech was made to the effect that it was “.”

However, at the time, E company run by the Defendant had little number of overseas investment performance, and the Defendant did not know at all about the financial status, such as capital and yield of H, which it intended to invest (hereinafter “H company”), and was in a situation where it is unclear whether to enter into an investment contract with H company and to receive a certain degree of investment proceeds from H company because it was a stage in which H company did not enter into an investment contract, and there was no particular property or income. Therefore, even if 30,000 dollars have been borrowed from the injured party, there was no intention or ability to pay USD 1,50,000 including principal, to the victim by September 18, 2010.

Nevertheless, on August 30, 2010, the Defendant received USD 150,000 from the injured party, on the pretext of the borrowed money, from the Red Congo SC bank account (number I) under the name of H company, and from August 31, 2010, USD 150,000,000,000,000 from the CT Bank account (number J) under the name of E company, respectively.

Accordingly, the defendant was given property by deceiving the victim.

B. On February 16, 2011, the Defendant phoneed to the above victim and wired USD 80,000 to the above victim’s partner on the last two months of 2011, the investment profits are deposited immediately, and the principal and incentives are transferred to USD 380,000.

“......”

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