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(영문) 서울중앙지방법원 2013.05.24 2012고단4890
사기
Text

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

Reasons

The summary of the facts charged of this case is that the victim D would arrange for a loan with the knowledge that it is raising funds necessary for the meat business while operating the livestock products processing company E, and the defendant would like to arrange for the loan. On May 201, 201, at the G hotel located in Gangnam-gu Seoul Metropolitan Government Haman on the first day of Seoul, the victim made a false statement to the effect that “A loan will be made with the foreign fund company using the PEN 65 billion loan in cash amounting to 10% of the loan, and the victim would have to deposit 6.5 billion won equivalent to 10 billion won of the loan. If there is no 6.5 billion won of the loan to be granted, it would be expected that a deposit will be made on the side of the counterpart fund company in Singapore or Hong Kong, first of all in order to obtain a new balance certificate from the side of the other fund company and to set time to the extent that it would change 35 billion won at the cost of issuance of the balance certificate.

However, even if the defendant received KRW 35 billion from the victim, he/she prepared a balance certificate of KRW 10 billion and used it, and he/she did not have the intent or ability to arrange the loan by preparing the deposit on the side of the counterpart fund company and preparing it in Singapore or Hong Kong.

On May 9, 2011, the Defendant received KRW 35 million from a bank account (Account Number: I) in the name of H, a representative of the Defendant, from the victim.

Judgment

The evidence, as shown in the above facts, is the D, J's police, prosecutor's office and this court's statements, K, L's police and this court's statements.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the Defendant, upon introduction of M on February 28, 201, was first met with D (representative Co., Ltd., Ltd., a livestock product processing company, E), J (D and E operation) and the following year.

3. 18. G hotel located in Gangnam-gu Seoul in Gangnam-gu, in the course of D, J, M, etc.

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