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(영문) 광주지방법원 2016.08.16 2015노3591
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that even if the Defendant sold the land and building in Gwangju H, G, I, J, K, and L owned by the Defendant to the Defendant (hereinafter “F Housing”), the principal shall not be repaid even if the Defendant did not have an intention or ability to repay the principal amount of KRW 495 million in addition to the interest amount of KRW 70 million.

Despite the fact that the court below's decision was erroneous by finding the defendant not guilty, even though it obtained property benefits to postpone the performance of the obligation by deceiving the damaged person and forced auction on the F Housing (hereinafter "voluntary auction of this case"), the court below erred by misapprehending the fact by finding the defendant not guilty.

2. The lower court determined on December 28, 201, 201: (a) concluded a written withdrawal of compulsory auction of this case with the confirmation of the Central Credit Cooperatives of Gwangju, Gwangju, stating that “A victim may pay KRW 70 million to the victim if a loan against security was purchased and disposed of normally; (b) the Defendant sold F’s house to U at KRW 330 million; (c) the Defendant sold the secured claim of the first-class mortgagee who takes precedence over the victim at the time of the sale of the house KRW 20 million to the victim; (d) the sum of the principal deposit of the lessee’s lease is KRW 60 million; and (e) the Defendant appears to have received KRW 70 million from the Defendant as the victim and paid KRW 70 million to the victim immediately, rather than the proceeds of the instant compulsory auction of KRW 70 million,000,000,000,000,0000,000 from the Defendant’s loan to the victim as security; and (c) the Defendant sold the principal to the victim by up to December 29, 2018.

설명하고 있고, 이후 피고인은 실제 위 고시원에 대한 매각대금으로 피해자에게 원금 4억 9,500만 원 및 그 이자 5,500만 원 등 합계 5 억 5,000만 원을...

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