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(영문) 춘천지방법원 원주지원 2015.12.08 2015고단49
사기
Text

The defendant shall be innocent.

Reasons

Ⅰ. The Defendant entered the “H church” such as the Victim G, which was known as a result of the introduction of the branch in around 2008, and formed a mutual trust relationship with the victim.

1. On June 17, 2010, the Defendant issued a false statement stating that “The Defendant operates a transformation period renovation project from Gangseo-gun I to J, Inc., Ltd., and can pay a big benefit to the said project. Accordingly, it is possible to establish a collateral security on an apartment of the victim. On the other hand, KRW 85,00,000 out of the borrowed money as collateral shall be used to repay the victim’s obligation, and the remainder shall be repaid within six months.”

However, the Defendant, as a bad credit holder at the time, was unable to engage in a monetary transaction under the name of the Defendant. On November 20, 2009, the Defendant paid KRW 50,000,000 for the purchase price of Gyeonggi-gun L, 3,667 meters in the name of Gyeonggi-gun L, a stock company operated by the Defendant, and KRW 3,600,000 for the purchase price of KRW 3,60,000 for the purchase price, and around February 9, 2010 for the loan of KRW 2,450,000 for the above land as security from the second financial right, and then paid KRW 1,450,000 for the remainder as an intermediate payment, and around April 27, 2010 for the above land, the Defendant had already set up an excessive amount of KRW 80,000 for the purchase price of KRW 2,10,000 for the above land.

Nevertheless, around June 17, 2010, the Defendant had the victim set up the right to collateral security of KRW 787,200,000 with the obligee as the Hansung Damage Insurance Co., Ltd., and extended approximately KRW 660,000 among them, 85,00,000 among them were used to repay the victim’s loans to the Korean bank, and the remaining KRW 572,131,235 was remitted to the Agricultural Cooperative (M) account of JJ Co., Ltd. operated by the Defendant.

Accordingly, the defendant deceivings the victim, and thereby, KRW 572,131,235.

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