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(영문) 서울중앙지방법원 2016.07.15 2014고합825
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. The Defendant and C around March 26, 2010, at the office of F Co., Ltd. (hereinafter “F”) operated by the victim E in Gangnam-gu Seoul Metropolitan Government (hereinafter “F”), the Defendant and C have good opportunity to purchase high-priced art products and obtain large profits from trading by selling them. However, if the funds fall short of the funds, the Defendant and C will pay up to 9% interest per annum and April 2, 2010, as the funds fall short of the funds.

“A false statement” was made.

However, the defendant and C did not have the intention or ability to trade high-priced art works, and there was no intention or ability to repay the borrowed money without any specific property.

Nevertheless, the Defendant and C had deceiving the victim as above and transferred KRW 1 billion to the national bank account in the name of the Defendant on the same day as the borrowing money from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

B. On March 31, 2010, the Defendant and C may arrange the victim to purchase the scrap metal generated after the removal of the military unit of the U.S. military unit and the scrap metal generated after the manufacture of the products from G at the F Office around March 31, 2010. In order to do so, it is necessary to use the Veterans Association and the different military police associations for use, and the advance payment for scrap metal should be paid to the U.S. 8 and G.

On April 30, 2010, a loan of KRW 1 billion will be repaid with interest rate of KRW 9% per annum until April 30, 2010.

“A false statement” was made.

However, the defendant and C did not have the intention or ability to arrange the purchase of scrap metal, and there was no intention or ability to repay the borrowed money without any specific property.

Nevertheless, the Defendant and C had deceiving the victim as above and transferred KRW 1 billion to the national bank account in the name of the Defendant on the same day as the borrowing money from the victim.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

2. Determination

(a) Details of entry and withdrawal, each written agreement of lending money, and a certificate of transfer verification;

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