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(영문) 인천지방법원 2015.11.19 2014고단9339

사기

Text

The defendant shall be innocent.

Reasons

1. Around January 28, 2010, the summary of the facts charged stated in the facts charged is that, within the soup Doro Domination building, the Defendant would take over the said soup building as of October 29, 2009 and take over it as of October 29, 2009 and would operate a convalescent hospital business under the name of the Fmedical Foundation. However, the Defendant would attempt to borrow KRW 350 million from G with the expenses for the alteration and remodeling of the hospital. Of this money, the Defendant would take out 125 million out of this money as a joint and several surety from the bank within three months and repaid KRW 350 million with the loan from the bank as security, and the hospital head at the time of completion of the hospital.”

However, the fact is that the right to collateral security was established in an aggregate amount of KRW 4.7 billion in a soup building; the defendant did not purchase the above building by investing funds, but received the ownership of the building by obtaining a loan of KRW 650 million to the former owner of the building; the construction cost of the building was to be paid in advance; although the construction cost of the building was decided to pay KRW 2.4 billion in advance due to the lack of funds for the construction work, the construction contractor did not pay the amount of KRW 1.7 billion in advance; the construction cost was not paid at all; the amount of KRW 1.4 billion in the construction cost was not paid; it was difficult for the construction contractor to obtain a loan of KRW 4.4 billion in the medical hospital which was not a convalescent hospital that was thought to have been easy to grant the loan; and there was no personal debt of KRW 200,000 in the H, KRW 100,000,000 in the amount of KRW 1.3 billion in the joint and several liability of the victim.

Therefore, the victim has jointly and severally guaranteed the amount equivalent to KRW 125 million out of the loan amount of KRW 350 million, and the victim has not paid the above KRW 350 million, thereby allowing the victim to pay the joint and several debt amount of KRW 1250 million.

2. - - of the judgment witness E.