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(영문) 서울중앙지방법원 2018.08.17 2016고단5504
사기
Text

The defendant shall be innocent.

Reasons

1. On February 17, 2015, the summary of the facts charged in the instant case: (a) around February 17, 2015, at the “D” office where the Defendant working for the Seocho-gu Seoul Metropolitan Government building No. 402; (b) introduced the victim E to F, and (c) jointly proceed with the business of exporting the LED transfer, etc.

After the proposal, the company should be established in the local area in order to carry out the export business such as the ELD prior to the date of the project, and the false statement was made that the amount of 20,000 U.S. dollars is required to be less than 30,000 U.S. dollars at the expense of issuing the business registration certificate.

However, even if the defendant received the above money from the injured party, he did not intend to use it as the funds for the establishment of the company, such as expenses for the acquisition of the victim's business visa or the issuance of the business registration certificate, and there was no intention to immediately promote the establishment of

As such, the Defendant was issued a letter of promissory note 20 million won per face value for the purpose of acquiring a business visa from the injured party, i.e., acquiring a business visa. On April 24, 2015, the Defendant received KRW 3 million with a passbook in the name of H bank around April 24, 2015, and KRW 25 million in total from the above passbook around May 6, 2015.

2. Determination

A. The summary of the argument is that the defendant agreed with the complainant, and accordingly prepared to establish a corporation in Indonesia G. Since additional investments have not been made due to the complainant's financial situation, the agreement was suspended, and the defendant did not acquire the money of the complainant without the intention or ability to establish a corporation in the name of the complainant.

B. According to the evidence duly admitted and examined by this court, the following facts can be acknowledged.

1) From March 2012, the Defendant had been performing the duties of supplying various educational content in Indonesia G from around March 2012 to the head of the D Headquarters, and this is the result.

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