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(영문) 서울남부지방법원 2012.01.19 2011고합157
사기
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is the person who operates the above company as the representative director of the D Co., Ltd. (hereinafter “D”) which is a real estate development executor.

Around March 31, 2009, the Defendant: (a) “Around March 31, 2009, the Defendant was a victim E with F Building in Yeongdeungpo-gu Seoul, Seoul, but currently the said F Building was a real estate security trust in G, but the sale of the said building was completed immediately and at the latest on June 10, 2009; (b) a trust registration will be terminated due to the full repayment of bank loans. The trust registration will be terminated. As the expenses are urgently needed to expand bed in D, the Defendant would have paid a full payment within three months with a high interest rate of KRW 1 billion if he/she borrowed KRW 1 billion as a company’s operating fund. The market price of the commercial building at which only the trust registration is terminated is in excess of KRW 3 billion,000,000,000,000,0000,000 won with interest of KRW 3 billion after three months.”

However, even if the Defendant borrowed money from the victim, it was thought that he would use it as the Defendant’s personal obligation, and did not think that he would use it as the operation fund. Accordingly, even if he could dispose of part of the above F F F F F, which is the share of D within 3 months, this was a juristic person, so it was unclear whether the Defendant would be able to use it for the Defendant’s repayment of the borrowed money from the victim. In addition, the above F, which was implemented at the time D, was in a situation where the said F, which was not sold in lots due to the depression of the construction competition, was unable to be repaid not only the construction cost for H Construction, but also the sales procedure of FF loans borrowed from the company bank, was not in progress for one year, and there was no possibility that G’s trust registration will be terminated within 3 months. Thus, even if she borrowed money from the victim, it was at all capable of paying interest within 3 months.

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