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(영문) 인천지방법원 2018.10.26 2015고단8192
사기
Text

Defendants are innocent. All of the applicants for compensation shall be dismissed.

Reasons

1. Summary of the facts charged in this case

A. Defendant A 1) On May 2009, Defendant A (hereinafter “the instant land”) provided the said technology to the said victim as “A” in the “H” located in G with the wife population G and nine parcels (hereinafter “the instant land”) operated by the victim E, namely, that “if the instant land was cultivated in four months and around four months, the Defendant provided the said technology and the said victim attempted to operate the ginseng cultivation business on the condition that the said land would invest in KRW 1 billion if the instant land was sold, but did not sell the said land.”

However, the Defendant did not have such technology.

A) On May 2009, the Defendant: (a) obtained loans from the above victim as security even before the instant land was sold, and proceed with ginseng business; (b) obtained high appraisal price; and (c) obtained high-priced collateral loans from the above victim.

It is expected to receive a deposit statement of high appraisal value at the face of KRW 10 million.

“.............”

However, even if the Defendant received the above money, the Defendant did not have the intention or ability to receive a high price appraisal report, and the deposit appraisal is not ordinarily free of charge, and the land in this case was already subject to a maximum amount of KRW 2.94 billion on Nov. 20, 2008, which was already subject to a mortgage right of KRW 2.94 billion on Nov. 20, 2008, so it was a situation in which the deposit appraisal alone was unable to obtain additional collateral loans.

Nevertheless, on May 26, 2009, the Defendant received 10 million won from the victim of the false statement from the victim, and acquired the money from the victim to the J bank account in the name of the J bank corporation I on May 26, 2009.

B) On May 2009, the Defendant changed the price of KRW 50 million for the purchase of the ginseng seeds to cultivate the ginseng even before the sale of the instant land to the above victim in H around May 2009.

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