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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. "2016 Highest 3240";
A. On June 2012, the summary of the facts charged is that there is a good thing for C to be aware of the creditors, who came to know in the process of borrowing funds related to remodeling construction of the building B located in Daejeon-dong Daejeon District Court (hereinafter “B”) in the process of borrowing the funds related to remodeling construction in the building B located in Daejeon-gu, Daejeon-gu (hereinafter “B”) from around the Daejeon-gu District Court, Daejeon-gu, and the creditors are to purchase the D hotel land and building located in the Cheongju and start up the business to the hospital after remodeling.
Since the appraisal is a building with more than five billion won, it is possible to purchase more than the market price if 300 million won is less than the contract deposit because it is connected with the chief director of the foundation owned by him.
In the event that only the down payment is paid, the remainder payment can be made by receiving the loan and the construction work can be conducted, and the principal is paid immediately after the loan is received and the future profit is divided, and it has been conveyed to the victim E and the victim F.
However, in fact, D hotels have property value of at least five billion won, and the defendant was not able to purchase them at a price lower than the market price because there was no relation with the owner's side, and there was a need for at least two billion won in cash to purchase them, but the defendant did not have any other operating property or income. Therefore, even if the defendant borrowed KRW 300 million from the victims, there was no intention or ability to receive the loan and to pay the loan.
On July 4, 2012, the Defendant, by deceiving the victims, received KRW 50 million from the victim E, and KRW 200 million from the victim F to each H account under the name of each G (I), and immediately received the said money again from G to the J account under the name of the Defendant, and acquired the said money by deceiving KRW 250 million in total.
B. Whether the Defendant, as stated in the facts charged, commits fraud to C and acquired money from E and F.