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(영문) 서울중앙지방법원 2014.05.15 2013고단4324
사기
Text

The defendant shall publicly announce the summary of the judgment above against the defendant not guilty.

Reasons

1. The summary of the facts charged in this case was that the Defendant, who carries on the clothing export business, was unable to accurately grasp the progress of the business in Korea due to the characteristics of the overseas business, with the intention of taking advantage of the fact that the investors could not accurately grasp the business progress

On May 11, 2007, the defendant made a false statement to the victim F in E office operated by the defendant on the second floor of the Seocho-gu Seoul Metropolitan Government D Building to the effect that "I will make a great contribution to the business related to department stores in China, but I will make a profit if I will perform clothing funeral in two stores because there is a good place in E office in E office. In the meantime, I would make a false statement to the effect that I would make an investment because there is a business that would bring about more than 500,000 won a month when I would recover and invest in 1.5 million won."

However, at the time of fact, there was no property owned by the defendant, and there was approximately KRW 100 million loan obligation to enter China as the clothing business, and there was no intention or ability to reduce profits even if they were to make profits.

Nevertheless, on May 11, 2007, KRW 70 million on or around May 11, 2007; KRW 80 million on or around the 25th day of the same month; and

8. Around 31.31. Around July 1, 198, KRW 34,170,340,000 was transferred to the HSBC bank account (Account Number: G) in the name of “A (E)” designated by the Defendant, and received cash KRW 10,000,000 for the purchase cost of a vehicle on the date in the name of the date.

2. Determination

A. We examine whether the Defendant deceivings the victim and defrauds the above investment money as stated in the facts charged of this case.

B. According to the record, the fact that the Defendant opened three stores in China with the money received from the victim and used the money received from the victim for its intended purpose is recognized. The issue of this case can bring the Defendant’s profits to the victim more than KRW 5 million per month.

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