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(영문) 수원지방법원 2014.02.13 2013고단3900

사기

Text

Defendants are not guilty.

Reasons

1. The Defendants are persons in de facto marital relations.

On March 18, 2009, the Defendants entered into a lease agreement with G on March 18, 2009, stating that “I will offer the ownership of the loan in the name of H, which is an arche of credit bad,” and Defendant B, stating that “I will live in the house where I live in, and will have been clearly responsible for, the deposit, and will not be clearly responsible for, the deposit.” The Defendant B entered into a lease agreement with 40 million won for the loan and 2 years for the lease term.

However, in fact, Defendant A was not in contact with H, the nominal owner of the above loan, and it was unclear whether Defendant A has ownership due to the dispute over ownership, and the loan was scheduled to proceed with an auction by setting the right to collateral security, etc., and Defendant B did not have any income and Defendant A did not have any intent or ability to return the deposit even if the Defendants were to receive the deposit from G as the bad credit holders.

The Defendants received 40 million won from G to the national bank account (Account Number: I) in the name of Defendant B under the name of the deposit money for the lease on a deposit basis.

As a result, the Defendants conspired, by deceiving G, acquired the property by deception.

2. According to the records of this case, the above FF loan No. 101, which is owned by the nominal owner on the registry of this case, is H, but the actual owner is the defendant, and the defendants were the defendant at the time of receiving 40 million won from G to transfer the above FF loan No. 101, but the maximum debt amount was only 9,100,000 won, and the above FF loan No. 101, in full view of the sale price in the Jinwon District Court Jinwon District Court's auction of real estate and the maximum debt amount of the above FF loan No. 101, the above FF loan No. 101, which could have sufficiently been secured against the above 40 million won.