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(영문) 대구지방법원 2017.02.16 2016고단1739
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. On September 23, 2009, the Defendant appears to have been using the victim C’s headquarters located in Ulsan-gun, Ulsan-gun, U.S., U.S. Eup on September 23, 2009, for a branch of the land prior to the subdivision of the said three lots of land.

(hereinafter referred to as “the instant E” indicates the real estate transaction agreement and the joint business plan approval letter sent by the Gun-based group of land, and the said real estate site suspension work was conducted, and the bank borrowed the money borrowed from the bank and changed the amount of KRW 100 million as the construction cost to return the borrowed money. In short, “The instant FF land will be offered as security and, at the time of repayment, would be paid KRW 170,000,000,000,000 including interest, to be paid.”

However, in fact, the Defendant entered into a sales contract with the right holder of the instant land and received only a change of the purpose of use as a factory site, and was not clear whether the said real estate was eligible to receive a loan as security, and the instant F land was already subject to a loan obligation of KRW 800 million with the security as well as the loan of KRW 400 million in the case of deducting the loan of KRW 400 million from the civil construction cost. Therefore, even if the Defendant borrowed money from the damaged person, it did not have any intent or ability to repay the loan.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) around September 23, 2009, the victim was paid in cash on or around September 23, 2009; and (c) received KRW 80 million from September 29, 2009 to the account in the name of G, such as transfer of KRW 100 million.

B. On November 25, 2009, the Defendant made a false statement to the Defendant at the office of the head office of Ulsan C, the U.S. headquarters as stated in paragraph (1) of the said paragraph, stating that “If the Defendant lends additional money, he would give the Defendant a sales right to sell in the U.S.-U.S.-U.S.-U.S.-U.S. factory that is going to produce in the U.S. military proceeding.

However, the defendant is true.

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