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(영문) 대전지방법원 2017.06.14 2016고단3732
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the Defendant, who is delegated by the E and delegated the development of a housing site to the land of the FJ in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, other than the indictment, and the Defendant became aware of the victim’s purchase of part of the above land through the Defendant.

1. On September 27, 2012, the Defendant calls for the victim to pay “non-party housing units and personnel expenses” to the victim, and there is a lack of money.

On October 30, 2012, the principal of 50 million won and interest of 1 million won will be paid until October 30, 2012.

“.....”

However, since the Defendant was in bad credit standing, there was a situation where the passbook was not opened in the name of the Defendant, and even if there was a land that was repaid by the said E in terms of development project expenses, the Defendant did not have any intent or ability to repay the principal by the said date and time even if he borrowed money from the damaged party if he did not yield profits due to

Nevertheless, the defendant deceivings the victim as above and acquired 50 million won through the Agricultural Cooperative Account (Account Number I) in the name of the defendant's wife H on the same day.

2. On January 3, 2014, the Defendant called the victim and paid an additional interest of KRW 10,000,000 on a monthly basis to the victim, and paid an additional interest of KRW 2,00,000 to the victim.

4. To sell the above house by September 27, 2012 and repay it with the amount of KRW 50 million on September 27, 2012.

If the reimbursement is not made up until then, the housing site for the entire house is proposed.

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intent or ability to pay the above money or to pay the housing site for the whole house.

Nevertheless, the defendant deceivings the victim as above and took over the money of KRW 10 million to H's account on the same day.

2. In lieu of intent and ability to repay the borrowed money to the defendant at the time of borrowing the borrowed money from the damaged party.

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