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(영문) 서울남부지방법원 2015.08.07 2014고단4058 (1)
사기
Text

The defendant shall be innocent.

Reasons

The Defendant was a person who served as a head of H branch office of U.S. investment securities.

1. On March 10, 2012, the Defendant said on March 10, 2012, that “If an investment is made to B, the Defendant would raise high profits by investing in stocks, etc.” to the victim’s Dong-dong, Seo-gu Incheon, Seo-gu.

However, as the Defendant, at the time, assumed a large amount of debt due to excessive real estate investment projects, etc., the Defendant directed the obligees to demand the repayment of debt from the obligees, and the Defendant attempted to receive money from the victim as above and use it for the repayment of debt to other obligees, and did not have any intent or ability to make profits by receiving money from the victim to make investments in unlisted stocks.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim with a new bank account under the name of the 19th of the same month and K to the new bank account under the name of the 21st of the same month, KRW 170 million to the above account, KRW 100 million to the N account in the name of M, and KRW 191.6 million to the O of a national bank under the name of the Defendant, and received KRW 448.6 million in total.

Accordingly, the defendant acquired the victim's property by fraud.

2. On May 27, 2013, at a place where a location cannot be known, the Defendant, who was urged the victim to repay the investment funds at a place where the said victim could not be identified, saying, “The victim would be urged to pay the funds, and the cost of activities is required to pay KRW 3,500,000,000.”

However, at the time, the defendant did not have any intent or ability to repay money even if he borrowed money from the victim due to a failure to pay a large amount of debt, or there is no certain income or property.

Nevertheless, the Defendant deceivings the victim as above and received 3.5 million won from the victim to the above national bank P Account under the name of the Defendant on the same day.

Accordingly, the defendant is the victim.

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