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(영문) 대구지방법원 2017.07.18 2015고단6424
사기등
Text

The defendant shall be innocent.

Reasons

1. On April 30, 2013, the Defendant stated the charge that “Around April 30, 2015, the 2015 Highest 6424, the Defendant, at the Da Saemaul Treasury D located in Busan Metropolitan City, stated that “Around April 30, 2013, the Defendant provided F with the land allotted by the authorities in recompense of development outlay 1 and 3 floors as collateral for construction work, and borrowed construction expenses.”

However, on February 6, 2013, the Defendant had no effect as a loan security any land secured for the recompense of development outlay and buildings that had already been loaned in an amount equivalent to KRW 170,000,000 at the Daegu-gu Saemaeul Community Credit Cooperatives located in North-gu, Daegu-gu.

Defendant deceiving the victim as above and was transferred KRW 260 million from the victim on May 2, 2013.

Accordingly, the defendant was given property by deceiving the victim.

On November 15, 2012, the Defendant offered 203.80 square meters of the land scheduled for the recompense of development recompense in the name of the Plaintiff as security and borrowed 66 million won from the victim of the same day to the credit loan in the name of the Defendant. On February 6, 2013, when a building being newly constructed on the land scheduled for the recompense of development recompense in the name of the Defendant was applied for a loan to the victim on November 15, 2012, the Defendant agreed to grant a first priority mortgage establishment registration on the land scheduled for the recompense of development recompense in the name of the victim and the building, and received a loan of KRW 19 million from the victim of the same day, with a credit loan in the name of the Defendant. On February 6, 2013, the Defendant agreed to grant a first priority mortgage establishment registration on the land scheduled for the recompense of development recompense in the name of the victim, and received a loan of KRW 70 million from the victim.

Therefore, upon completion of the above building, the duty of the defendant to register the establishment of the first priority right to the land and building scheduled for the development recompense area for the victim has occurred.

Nevertheless, on April 30, 2013, the Defendant violated the above duties and completed the registration of preservation of ownership in the name of H, the denying authority for the above building on April 30, 2013, and then was loaned KRW 260 million from the Saemaul Treasury on the same day.

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