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(영문) 서울동부지방법원 2013.06.19 2012고단3317

사기

Text

The defendant shall be innocent.

Reasons

1. On June 16, 2011, the Defendant was introduced with the victim H that “an urgent need for money.” While the victim was urgently required to perform a project as the actual owner of the land and the building located in the Dong-dong-gu Seoul Special Metropolitan City (a registration made) and the actual owner of the building (a registration made under the name of J), the Defendant was at least 2 weeks of money to obtain the said land and the building as collateral and to obtain the loan from the bank, the Defendant was at least 2 weeks of money.

At the time, the Defendant received the original set from L (representative M) which is the original supplier in order to operate the K, but the purchase price of the original set was offered as security for the above land and buildings owned by the victim, and had the original set supplied the original set.

On June 16, 2011, the Defendant, despite the absence of intent or ability to lend 50 million won to the victim as security even if he/she was provided with the above land and buildings by the victim, at a nearby a certified judicial scrivener office in the Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul, as security, the Defendant concluded that “M is provided with the original body worth approximately KRW 100 million worth offering the victim’s real estate as security, and, upon receiving the original body, the Defendant would sell the original body to P, who is one of the transaction parties, and make the funds of KRW 100 million. If 10 million is financed by such method, half of the amount would be used by the Defendant, and the remainder of the amount of KRW 50 million would be provided to the victim.”

As above, the Defendant, by deceiving the victim as above, caused the victim to complete the establishment registration of a mortgage over the above site and building with the obligor K, mortgagee M, and maximum debt amount of 100 million won, on or around June 17, 201, thereby pecuniary benefits equivalent to the maximum debt amount of 100 million won against the above site and building.