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(영문) 대전지방법원 2015.09.17 2015노1567
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The lower court determined that the Defendant’s debt balance against the victim was equivalent to KRW 22,220,00,000 as of July 5, 2012, and the victim calculated the value of the building 99 square meters and the second floor thereof (hereinafter “real estate located in Sejong Special Self-Governing City”) at least KRW 600,000,000,000, and that the Defendant would take over the secured debt of the Sejong Central Credit Cooperative Cooperative, whose maximum debt amount was set up as KRW 400,000 with respect to the real estate located in Sejong Special Self-Governing City, and the Defendant would take over the secured debt of the Sejong Central Credit Cooperative, whose maximum debt amount was set up as KRW 400,00,000,00

Therefore, the judgment of the court below which found the defendant guilty of this part of the charges that the defendant acquired each of the above money from the victim while paying the cost of transfer registration of ownership and paying the interest on the loan to the Sejong Central Credit Union that the victim acquired the above money is reasonable.

With regard to each part of the facts constituting the crime of the court below, the defendant paid in lieu of the debt equivalent to KRW 170 million as stated in paragraph (1) of the crime of the court below, which is the real estate located at Sejong-si located in the case of this case, and the obligation equivalent to KRW 222,2200,000 as stated in paragraph (1) of the crime of the court below. At least in this case, even though the defendant had the intent and ability to repay and had actually been repaid to the victim as above, the act of deception itself did not exist, the defendant applied a mechanical logic of the purport that the defendant did not have the ability to fully perform all the relevant cases at the time of the occurrence of this case, and all the facts constituting the crime of this part is all the facts of the court below.

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