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(영문) 수원지방법원 2013.11.08 2013고단671

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant, in the instant facts charged, purchased tinds from “F” operated by the victim E from around 2001, as a person who sells construction materials under the trade name “D” in the instant facts charged.

A. On April 5, 2012, the defrauded of the borrowed money: “Around the date of settlement of the bill issued to the victim for the payment of the purchase-price has arrived, but the money to pay the purchase-price is insufficient. If the Defendant lends KRW 230 million to the victim until June 19, 2012, he/she would be paid the purchase-price.” The Defendant requested the victim to provide the security of KRW 230 million as security of KRW 106,00,000, G apartment 101, which is stated as “101,000,000,000 won.” However, this appears to be an obvious clerical error.

1303, ② H land in Jung-gu Incheon Metropolitan City, ③ militaryJ, and K land owned by pro-friendly I shall be set up and extended a mortgage, and the land site shall be additionally loaned as security, ② the priority shall be guaranteed to the victim by cancelling the priority security right over the security.

“...”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it, and it is impossible to additionally lend the above C factory site as a security, and there was no intention or ability to cancel the senior security right on the security.

On April 9, 2012, the Defendant received KRW 100,000,000 from the victim, in the same account with Korea Standards (L) bank account in the name of the Defendant, and KRW 130,000,000 from the same account on the 12th day of the same month.

Accordingly, the defendant was delivered KRW 230 million by deceiving the victim.

B. On May 1, 2012, the Defendant issued an additional order to do tinble in a situation where there is a credit amount of KRW 610 million for tinble supplied to the victim already.

However, the defendant was at the time.