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(영문) 광주지방법원 순천지원 2012.11.22 2012고단1749
사기
Text

The defendant shall dismiss the application filed by the applicant for compensation of innocence.

Reasons

1. On April 15, 2011, the Defendant: (a) at the Dju-si Dju, the charge: “The interest on agricultural loans, electricity taxes, capital, and interest on debentures are overdue; (b) monthly rent received from the tenants of the 6th floor building located in the Gwangju-gu Mine-gu, Gwangju-gu; (c) electricity taxes and water taxes are separately received from tenants; and (d) electricity taxes and water taxes have the profit in the house operated by the tenants in addition to the above rent; and (b) if the payment of the interest on the loans in lieu of the above rent, the building will not be paid beyond the auction; and (d) the building will be sold to pay the loan in installments with the purchase price. If the head of the Tong who received rent from the tenants would have been entrusted to the party, it would be reasonable to pay the interest paid for the rent deposited in the Tong-gu, Gwangju-gu.

However, in fact, the defendant's profit was only 7.8 million won per month, and the interest on agricultural loans, card companies loans, interest on bonds, building management fees, etc. that the defendant should pay every month exceeds the above rent revenue, so even if the victim paid overdue interest, it did not have the ability to pay the interest in the future. Even if the victim is entrusted with the head of the Tong, there was no intention to maintain that the victim can withdraw rent, etc. from the account of the head of the Tong.

As above, the Defendant, by deceiving the victim, had the victim pay 9 million won, which is the amount equivalent to the interest accrued in arrears to Nonghyup on April 15, 2011, on behalf of the Defendant, and caused the victim to pay 4 times in lieu of overdue interest and electricity or transfer money to the account under the name of the Defendant, such as the statement in the attached crime list.

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