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(영문) 의정부지방법원 2018.01.10 2016고단1887
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant: (b) was a person engaged in a strike planning business, such as the supply of stones with the trade name of “H; (c) from April 2014, the Defendant entered into a contract for a pro rata event with J and K, which was operated together by “L” from around December 1, 2014, and a deposit amount of KRW 40 million on the condition that the deposit is returned at the time of expiration of the contract; and (d) paid KRW 40 million on the part of “L”.

The Defendant operated the “L” around March 2015.

After the J liquidation of a partnership relationship, K was refused to make an investment in the company in the form of equity investment because it alone changed the trade name of the above-mentioned End Point to “M (M)” (hereinafter referred to as “M”) and it requested K to terminate the contract and return the deposit because it is difficult to operate the business due to a decrease in the number of remaining events.

Accordingly, the defendant introduced a new stone event company to M, and tried to receive a security deposit from him.

On April 2015, the Defendant stated that “M may carry out a stable business with the victim’sO engaged in the business of supplying stones in the M Office located in the Nam-gu Incheon Metropolitan City, and in the name of “N”, “M may carry out a business with an average of 2 to 30 tamps per month, and 20 tamps by punishing for this month only in this month, and the distance between the house and the company is far away from the company,” and the Defendant entered into a contract with M, and the deposit is sent directly to the victim’sO, who will go through M.”

However, M did not exceed 7 cases per month average, and even if it is difficult to operate a contract with M due to the lack of operational status, it was impossible for the victim to normally operate the business.

Nevertheless, the Defendant: (a) deceiving the victim as above; and (b) around April 27, 2015, around 15 million won from the victim; and (c)

5.7. Minority KRW 15 million shall be paid in full as a security deposit, which shall be KRW 30 million in total.

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