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(영문) 수원지방법원 2015.02.05 2014노3384
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. A. Around January 12, 2012, the Defendant concluded a sales contract with the victim F to whom the joint collateral security was established with respect to the D building 402 under the name of the new bank, and failed to cancel the said collateral security. However, this is because the new bank demanded excessive repayment to cancel the collateral security, unlike ordinary cases, as the apartment price drops, and the Defendant had the intent and ability to cancel the said collateral security and complete the registration of ownership transfer normally in the victim’s future with respect to D building 402.

B. Nevertheless, the lower court found the Defendant guilty of the instant facts charged by misunderstanding the facts.

2. Determination

A. The evidence duly adopted and examined by the court below and the following facts or circumstances acknowledged by the evidence and records, namely, ① the Defendant was practically operating E Co., Ltd., the executor company of the DD building in Mapo City; ② the Defendant was liable for financial rights and individuals in the course of operating E Co., Ltd.; ② the Defendant was urged to pay the amount of KRW 315 million,00,000,000,000,000,000,000 won; ③ at the time, the Plaintiff offered D Co., Ltd. as security for a loan of KRW 402,40,000,000,000,000,000 won as well as KRW 402,000,000,000,000,000,000 won as well as KRW 402,000,000,000,000,000,000,000,000 won.

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