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(영문) 의정부지방법원 2015.11.10 2015고단158

사기

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is that the Defendant is a person who actually operates the ELD Manufacturing Chain Co., Ltd.

On January 28, 2009, the Defendant proposed that “(State)C will build a new factory to the victim F,” and proposed that “C will invest the instant land as the site. The Defendant would receive a loan from a factory building as security after the construction of a new factory, and would pay KRW 70 million of land price without molding.” This proposed to the effect that “A bank loan may be easily obtained as a result of the high prospect of LED business.”

However, the Defendant, who is a bad credit holder, did not have a certain amount of hospitalization or personal property, and only debt was accumulated due to the lack of sales performance of the (State)C, the newly incorporated corporation. The Defendant did not have an intent or ability to pay the price according to the agreement even if it was made by the victim even if it was made an investment in the land of this case because it was difficult to obtain a new construction of a new factory due to the lack of a surplus or a

Accordingly, the Defendant, by deceiving the victim as above, was transferred the ownership of the instant land from the victim on or around the 30th of the same month.

Maz.

1. According to the records, if the victim transferred the ownership of the land of this case owned by the victim to the defendant, the defendant agreed to newly construct a factory on the land and pay 70 million won for the loan by taking it as a security. The defendant failed to pay 70 million won to the victim by failing to file an application for loan to the third party even if the ownership of the land of this case was transferred by the victim, and the land of this case was leased the construction price to the defendant and the provisional registration was determined by the creditor J who appears to have set the provisional registration right to the above land, and the ownership transfer registration following the registration of the ownership transfer right was made in the name of J's wife because the defendant did not repay the loan to the defendant.