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(영문) 서울중앙지방법원 2015.01.29 2014고단4254

사기미수등

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. From February 3, 2006, while the Defendant continued to borrow money by repaying some principal and interest from C (No. D) and continuously borrowed money, on June 3, 2009, the Defendant prepared a loan certificate of KRW 2.46 million with respect to the total amount of the loan as of June 3, 2009, and on September 23, 2009, the Defendant set up a second priority collateral security right with regard to one parcel of land and the above ground telecom building (hereinafter “GMocom”) outside the F in the name of the husband E, and the victim H, who is the child of C, as the creditor, set up a second priority collateral with respect to the maximum debt amount of KRW 2 billion.

On February 5, 2010, the Defendant temporarily cancelled the 2nd priority mortgage in the name of the victim H in order to obtain a loan from Ga Capital Co., Ltd. at a law office located in Samsung-dong, Gangnam-gu, Seoul, by temporarily cancelling the 2nd priority mortgage in the name of the victim H, and established the 3 billion won maximum debt amount by reflecting the cancellation of the 1st priority mortgage in the name of the Dongbu Mutual Savings Bank in the name of the Dong Capital Co., Ltd. and the amount of the 1st priority mortgage in the name of the Han Capital Co., Ltd. during that period, the Defendant set the 2nd priority mortgage in the name of Dong Capital Co., Ltd., and set the 3 billion maximum debt amount in the name of each victim as to the 402nd priority mortgage in the name of Gangnam-gu, Seoul, and agreed with C at setting the 1 billion maximum debt amount with respect to the 1 billion won maximum debt amount in the name of each victim on February 19, 2010.

On March 23, 2010, the Defendant settled the total amount of the loans at the time with C from the office located in the Gangnam-gu Seoul High Court Decision 2006,90,000,000 won with C and lent KRW 3.860,000 and KRW 1.130,000,000 to his own money by C.

When the defendant was unable to pay the interest on the above borrowed money to C, the defendant is located in Gangnam-gu Seoul, Seoul on May 2010.