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(영문) 광주지방법원 순천지원 2015.07.23 2014고단1946
사기
Text

The defendant shall publicly announce the summary of this judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that the Defendant was at the D office located in C at the early May 2012 when he was a policeman. Around that time, the Defendant and the Defendant’s husband E was liable for a debt of approximately KRW 250,000,000 to approximately KRW 250,000,000,000 to KRW 50,000,000,000 for the F apartment at the time of female possession of the above E, and there was a set of a mortgage equivalent to KRW 792,00,000 to the maximum debt amount under KRW 5,00,000. The Defendant and the above E’s property or income did not have any other property or income. Therefore, even if the above apartment is leased to G, it is deemed that the Defendant had no intent or ability to return the deposit to the victim, and it is necessarily returned

4. 11. The lease contract for the above apartment, one million won, and April 23, 2012;

4. 24. 30 million won as part payments, and June 11, 2012;

6. On June 13, 2012, a person received each remittance of KRW 18.5 million under the pretext of the balance, and acquired KRW 15.5 million under the pretext of the balance and acquired KRW 65 million in total.

2. The following facts are acknowledged according to the Defendant’s legal statement, the witness G’s legal statement, and the entire certificate, notice, etc. on the F apartment 5, 1006 (hereinafter “instant apartment”), each prosecutor’s office and police statement about G, the investigation report’s transfer of F apartment, monthly tax data confirmation, and two copies of the credit report submitted by the Defendant, and the evidence submitted by the Defendant.

A. At the time of concluding a lease agreement with the Defendant, the victim G was aware of the Defendant’s obligation to lend the Defendant, and confirmed the copy of the register of the instant apartment at the time of paying the remainder.

B. At the time of the conclusion of the above lease agreement, the instant apartment was established on March 9, 201 with the right to collateral security (the maximum debt amount) worth KRW 79,200,000,000, and the victim occupied the instant apartment after moving into the apartment.

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