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(영문) 의정부지방법원 고양지원 2016.02.04 2015고단1000
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is the owner of Bupyeong-gu Incheon Metropolitan Government D.

A. On July 12, 2012, the Defendant entered into a lease agreement with the victim G on the foregoing loan B 402 at the office of the Bupyeong-gu Incheon Real Estate F Authorized Broker Office for the Defendant on July 12, 2012, with respect to the foregoing loan B 402, and the Defendant paid the victim KRW 50 million out of the remainder of the set-up amount of collateral security upon the receipt of the remainder.

“A false representation was made.”

However, in fact, the Defendant newly constructed this loan and used the loan to pay KRW 1200 to 140 million monthly interest by using the loan from the financial right, and the obligation for construction payment remains. Accordingly, the Defendant did not have any intent or ability to repay KRW 50 million out of the amount of the creation of the collateral security.

Nevertheless, on August 14, 2012, the Defendant received 70 million won from the damaged person as the down payment on the same day, and acquired 63 million won as the balance under the name of each of the Defendant’s birth, and acquired 70 million won in total, under the name of each of the Defendant’s birth.

B. On September 21, 2012, the Defendant entered into a lease agreement with the victim I to 302 of the above lending loan B at a certified broker office of the FFF of the said real estate on September 21, 2012, and upon receiving the remainder of the mortgage amounting to KRW 98 million, the Defendant would reimburse the victim of the remainder of the collateral security agreement with the Defendant.

“A false representation was made.”

However, the Defendant, at the time of construction of this case, was paying KRW 1,200-140,000 per month interest using bonds with loans from financial rights, and the obligation for construction payment remains, and the Defendant has no intention or ability to repay KRW 50,000 out of the amount of the creation of the collateral security, as the remainder of the obligation for construction payment is paid by the injured party as the interest and the unpaid construction cost, and used it as the cost of living.

Nevertheless, it is not possible.

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