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(영문) 대전지방법원 천안지원 2013.05.31 2012고단1729
사기
Text

The defendant shall be innocent.

Reasons

On March 18, 2010, the Defendant issued a promissory note with a face value of KRW 50 million in the name of representative director G in the name of the issuer corporation (bill No. H, payment date, April 20, 2010, and the place of payment at the place of payment) to the victim E who operates D, at a construction site located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and supplied a book with a face value of KRW 50 million in the name of representative director G of the issuer corporation. In addition, on March 24, 2010, the Defendant issued a promissory note with a face value of KRW 1826 square meters in the name of Gangwon-do, Gangwon-do, as collateral for the establishment amount of KRW 200 million.”

However, on February 3, 2010, the said Promissory Notes concluded a sales contract with the amount of 944 square meters for K and Asan City L, 35,000,000 won for the remainder payment, and the remainder payment date on March 18, 2010, but did not pay the remainder on the remainder payment date, the said Promissory Notes was placed in the position to confiscate the down payment amount of 15,000,000 won, and was issued and delivered by the Defendant upon request of the Defendant during the period of March 3, 2010.

As above, the Defendant did not have the authority to dispose of the said Promissory Notes as the Defendant was in possession of the said Promissory Notes upon the request for discount from FF, and did not pay the money for the said Promissory Notes under the pretext of discount. It is aware that the issuer F’s financial resources are not good and it is unclear whether the said Promissory Notes would be settled on the date of payment. Moreover, the Defendant offered the said Promissory Notes as collateral to the victim even though it could not be used for the purpose other than discount, and the Defendant did not acquire ownership in Gangseo-si I, Gangwon-do and thus could not offer the said Promissory Notes as collateral to the victim

As above, the Defendant deceptioned the victim, and was under its control from the victim on March 23, 2010, and owned by the victim on April 2, 2010, KRW 28 tons of iron bars equivalent to the market value of KRW 20,160,00, the victim owned.

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