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(영문) 전주지방법원 2017.05.18 2016고합69
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant plans a business that leases the victim E with a successful bid in the “F shopping mall” office located in the Seoul Special Metropolitan City Nowon-gu Seoul Special Metropolitan City (hereinafter “D”) around May 12, 201.

The building is originally 30 billion won, which has been inspected several times, so that the auction can be awarded a successful bid in the current 13 billion won.

In order to participate in an auction procedure for shopping mall, a bid bond of KRW 1.3 billion is required, and the remaining KRW 600 million is insufficient.

If all of the bid bond 1.3 billion won are prepared, the rest of the set up is the helper, and the loan amounting to 10 billion won is also received from the Suhyup.

Since the public auction proceeds after one week, and the bid bond amount of KRW 900 million was lent to the public auction, the bid bond paid twice can be refunded to the public auction or auction, and the bid bond of KRW 600 million will be repaid after two weeks from the loan of KRW 600 million.

However, in fact, the amount of 70 million won in the auction bid bond created at the time of the defendant was limited to KRW 340 million from H and KRW 300 million from I, and the personal funds of the defendant was limited to KRW 60 million. At the time, there was a security for the obligation equivalent to KRW 200 million in the apartment house in the name of the defendant. In order to obtain a loan equivalent to KRW 10 billion in the Suhyup, the defendant had to secure KRW 2.2 billion in the equity capital, but the defendant did not secure more than KRW 2.2 billion in the equity capital, and there was no ability to prepare it, and the bid bond for the public sale that the defendant lent was also paid from the bonds company. Accordingly, even if the damaged person borrowed KRW 600 million, there was no intention or ability to change it later.

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