beta
(영문) 서울북부지방법원 2017.01.11 2015고단4273

사기

Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

On October 4, 2013, the Defendant in the official lawsuit room is the victim I at H hotel coffee shop located in Jung-gu Seoul Metropolitan Government, Seoul, and the victim I “I is working to intermediate the bond business operators and the business operators from the fund.” In addition, there is a fund share, regardless of whether it is possible to do so.

It is intended to lend the "K" building and site in the Jung-guJ of Jung-gu, Jung-gu, Jung-gu, Ulsan, which are set up by public auction in the school life life.

Since the appraisal price of the above building exceeds 10 billion won, it can be loaned from 4 billion to 5 billion won as collateral. However, if a prior interest and commission is required to be paid to a bond company, the company borrowed KRW 170 million to the bond company and purchased real estate from the bond company and returned the difference to the bond company."

However, there was no fund for the Defendant to purchase the above building. On March 6, 2012, the time when the Defendant received an appraisal of the above building was merely a deposit appraisal that did not involve an on-site investigation, and there was a considerable difference in the actual appraisal amount. Therefore, there was no possibility to obtain a loan of 5 billion won as collateral for the above building. Even if the Defendant received money from the injured party on the ground that there was no agreement on the purchase of the building with the person in charge of teaching life-long education, even if he did not have any intention or ability to return 50 billion won to the injured party, he actually purchased the above building by borrowing 5 billion won from the bond company and then purchased the building from the bond company.

The Defendant, by deceiving the victim as such, received from the victim the check of KRW 170,000,000 from the victim, namely, a total of KRW 170,00.

Provided, That this shall not apply to the case;

The evidence of application for prosecutor cannot be found guilty for the following reasons.

Thus, the defendant case constitutes a case where there is no proof of facts of crime by the prosecutor, and thus, the defendant is acquitted by the latter part of Article 325 of the Criminal Procedure Act, and the summary of the judgment is publicly announced in accordance with Article 58 of the Criminal Act.

The defendant and the victim on October 4, 2013.

참조조문