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(영문) 수원지방법원 성남지원 2014.05.22 2013고합268
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. On September 20, 201, the Defendant made a false statement that “If the Defendant transferred the right to manage the building of 191.7 square meters of the Seoul Seongdong-gu E site (hereinafter “instant land”) and the 10th floor public notice source on its ground (hereinafter “instant public notice source”) to the victim D at a mutual infinite coffee shop located in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, the Defendant obtained a loan of KRW 1.2 billion and immediately received a down payment of KRW 300 million, the intermediate payment of KRW 300 million shall be paid at the time of the completion of the lease, and the balance of KRW 60 million shall be paid at the time of the transfer of ownership, and all debts related to the instant land and the public notice source shall be acquired and resolved by taking over KRW 1.5 billion.”

However, the Defendant, at the time of the establishment of a security for all the property under the name of the Defendant, was unable to lend additional loans, and constructed another publicly notified source building in the name of F, which is its wife, and even if the construction fund is insufficient, even if the Defendant is transferred the management right of the land and the Public Notification Board, it was thought that the security deposit will be used to repay the construction cost of the public notification source in the name of F and other debts, so there was no intention or ability to accept the payment of the purchase price for the land

As such, the Defendant, by deceiving the victim as such, entered into a contract for the same day with the victim, and around October 12, 201, concluded a contract for the same day with the victim, and around 69,168,220 won, remaining after setting up a collateral of 1.3 billion won in the name of a national bank with the maximum debt amount of 1.69,68,220 million won, and discharging part of the debt with a loan of 1.3 billion won in the name of the national bank in the name of the victim, was delivered with the passbook of the national bank in the name of the victim, the seal and seal of the new bank bank to which the lease deposit is deposited, and the new bank passbook to which the lease deposit is entered, and acquired 4.7 million won out of the lease deposit amount from November 22, 2011, as shown in the attached list of crimes.

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