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(영문) 울산지방법원 2017.02.02 2016고단2980
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the chairperson of E, a company with disabilities, as the chairperson of the D Association Ulsan Branch, and the defendant Eul is the representative director of E, a company with disabilities as a member of the above Association Ulsan Branch, and the victim F is the victim F. is the members of the above Association Ulsan Branch.

Defendants, together, purchase at the office located in Ulsan-gun G around October 20, 2015 in Ulsan-gun G in Ulsan-gun, Ulsan-gun, the Defendant “ us purchase at KRW 800,00,000, the G site and building in Ulsan-gun, Ulsan-gun, the wife of the Party, and I land.

First of all, 40 million won shall be paid in advance on the face of the transfer of ownership, and 530 million won of the loan obligation established on real estate shall be immediately succeeded by E Co., Ltd., and 230 million won shall be paid in the operation of E Co., Ltd.

The amount of KRW 1 billion in a bank can be loaned at any time, and a branch office and a story have also been talked.

The phrase “ makes a false statement.”

However, in fact, the Defendants did not have any property and income, and there was no sales performance, and there was no possibility that they succeed to the above loan obligation of 530 million won from the financial institution from the beginning to E Co., Ltd. In particular, the Defendants did not have the intent or ability to succeed to the loan obligation or to pay the purchase price of real estate except advance payment, even if they were to acquire the ownership of the above real estate from the injured party because no such financial institution was approved.

The Defendants, around November 4, 2015, transferred the ownership of the said G site and building in the name of Defendant B, and the said I land in the name of Company E, respectively.

As a result, the Defendants conspired to receive from the injured party real estate equivalent to KRW 230 million, excluding KRW 530,000,000 for advance payment 40,000 paid to the injured party and KRW 530,000,000 for secured collateral debt.

2. Determination:

A. The Defendants and F’ respective investigative agencies and legal statements, and each investigation report.

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