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(영문) 울산지방법원 2019.07.11 2018고단3079

사기

Text

The defendant shall be innocent.

Reasons

1. Around April 2006, the Defendant: (a) around April 18, 2006, around KRW 160 million from the victim C, KRW 64 million from D; (b) KRW 48 million from the victim E; (c) KRW 48 million from G; and (d) KRW 32 million from the victim H; and (d) KRW 168 million from the victim H, but delayed development; and (e) on November 18, 2009, the Plaintiff demanded the return of the investment money (hereinafter “instant land”); and (e) the Defendant loaned the instant land under the name of D, the maximum debt amount of KRW 460 million from D, KRW 48 million from D; and (e) obtained the instant land as collateral.

On September 9, 2012, the Defendant: (a) displayed the passbook in which KRW 400 million has been deposited to the victims and D, and (b) received investment money from other investors, the Defendant made a false agreement to that effect that he would build a factory on the face of the State; (c) terminated the right to collateral security established in the name of D; and (d) return the investment money upon receiving the loan, and made it trust.

However, in fact, the defendant was unable to build a factory because he did not meet the requirements for loans from the Credit Guarantee Fund for the construction of a factory with a debt of KRW 600 million at the time.

Nevertheless, the Defendant, by deceiving the victims on September 12, 2012, had the victims terminate the right to collateral security of KRW 460 million in the name of D, which was established on the instant land, with the maximum debt amount of KRW 460 million.

2. According to the records, at the time when the mortgage of this case was cancelled, the defendant was liable for the debt of KRW 600 million to I, and the fact that he was willing to borrow a factory on the land of this case as a guarantee of the Korea Credit Guarantee Fund, but did not receive a guarantee is recognized.

(b).