(영문) 광주지방법원 2014.10.15 2014고단1406

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(영문) 광주지방법원 2014.10.15 2014고단1406

사기

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

Reasons

1. The summary of the facts charged is that on October 1, 2013, the Defendant: (a) lent the name of G to the victim Eul in the name of "Seng-gu Seoul Northern Building 701; (b) the Ministry of Land, Infrastructure and Transport (hereinafter "the Ministry of Land, Infrastructure and Transport") lent the loan of 303,00,000 won in Seo-gu, Gwangju; (c) the Ministry of Land, Infrastructure and Transport inevitably interfered with title trust in the name of G due to tax problems due to a large amount of real estate in the Republic of Korea; and (d) the market price of the loan in this case was around KRW 30,000,000 to the G, and (c) the intermediate payment was replaced by the acquisition of the existing bank loans of KRW 140,00,000,000,000,000,0000,000,000 won as collateral; and (d) the sales contract was concluded with the victim as above."

However, the Defendant or E was not nominal trust to G, but G was the actual owner, and the Defendant was not delegated by G with the power to sell the loan of this case.

Nevertheless, the Defendant made a false statement to the victim as above, and acquired it through a post office deposit account in the name of H, which was managed by the Defendant on the same day from the victim, by remitting KRW 20 million as the down payment.

2. Determination

A. The defendant asserts that the actual owner of the loan of this case is the defendant's side (the defendant and the defendant's wife E) and that the above facts charged are not guilty on the grounds that the defendant had deceiving the victim as stated in the above facts charged.

B. I, the husband of G, in this court, is the actual owner of the loan of this case. G is the defendant's side, and G only lends his name when the defendant purchased the loan of this case;

② On the contrary, the reason why the actual owner of the above lending was stated G by the investigative agency is a fine if the title trust of the above lending is acknowledged.

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