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(영문) 대구지방법원 2021.02.05 2020고단709
사기
Text

The Defendants are not guilty.

Reasons

1. Summary of the facts charged

A. On May 23, 2018, the Defendant, on April 23, 2018, purchased the instant officetel H from G to “F real estate” office located in Daegu-gu Office for Dtel E, Daegu-gu, for the purpose of purchasing KRW 88,00,00,000 from G, and entered into a sales contract with the purchaser’s husband’s father, and around that time, registered the transfer of ownership on the instant officetel under the name of the Defendant’s father.

On the other hand, on May 3, 2017, the said G entered into a lease agreement with the Korea Information Service on the instant officetel H by setting the deposit amount of KRW 86 million and the lease period of KRW 30 million as of July 31, 2019. The Defendant succeeded to the obligation to return the said lease deposit amount of KRW 86 million from G at the time of purchase of the said H as above.

Nevertheless, on May 23, 2018, the defendant concealed the succession of the obligation to return the above leased deposit, and by providing the above H subparagraph as collateral at the point of the lecture for the victim K-K union in the J of Gyeong-si, Chungcheongnam-si and applying for the loan, and deceiving the employees in charge of the loan in his name by deceiving the employees in charge of the loan, which he received KRW 50 million from the damaged person under the name of the I L bank deposit account (Account Number M) around that time.

2) On July 30, 2018, the Defendant, on April 23, 2018, purchased the said officetel No from N to KRW 88,00,00 from the F real estate referred to in the foregoing subparagraph 1-A on April 23, 2018, and entered into a sales contract with N to make the purchaser’s title 88,00,000, and around that time, registered the transfer of ownership of the said officetel under the said I’s name.

On the other hand, on May 3, 2017, the above N, prior to the above sale, entered into a lease agreement with the Korea Information Service for the instant officetel No. 86 million won, and the term of lease on July 31, 2019. The Defendant succeeded to the obligation to return the above leased deposit amount of KRW 86 million from N at the time of purchase of the aboveO.

Nevertheless, it is not possible.

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