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(영문) 울산지방법원 2014.02.07 2013노427

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is that the defendant, according to the agreement with the victim, had H succeed to the collateral security obligation, and the registration fee for the transfer of the building was more high than the first expected, but the above registration of the transfer was not complete due to the fact that the statement made by the victim and H was contradictory to the defendant's assertion, H also succeeded to the collateral security obligation by deceiving the defendant from the defendant, and only acquired business profits for two years after the victim was taken over the right to know or transferred the right to know about the non-reported business, and that the non-reported business was operated to make it impossible to know about the exact profit will not know about the non-reported business, and that the registration fee for the transfer was not prepared, and that there was a considerable credit burden at the time of the above agreement, and thus the defendant was not guilty of the facts charged. However, the court below found the defendant guilty of the facts charged.

2. Determination

A. A. Around April 19, 2010, the summary of the facts charged: (a) the Defendant: (b) concluded an agreement with the victim on acquisition of ownership and right to operate the said building by acquiring ownership and right to operate the said building, on the part of the victim, “I would like to take over E-mail operated by the Party. On the acquisition of the building, I would have acquired the ownership of the said 201 building; (c) the Defendant would also take over the collateral obligation of 1.8 billion won (the maximum bond amount of KRW 2.34 billion) with respect to the right to collateral security (the maximum bond amount of KRW 2.34 billion) under the name of the Ulsan Livestock Industry Cooperative in the name of the said building; and (d) the Defendant would pay interest at KRW 35 million among the money collectible by the Nam-gu Office in arrears.”

hereinafter referred to as "the case."