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(영문) 서울중앙지방법원 2015.01.29 2014고단8912
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a certified judicial scrivener from May 2008 to January 201, 2014.

On June 10, 2011, the Defendant, while borrowing KRW 300 million from the victim E, agreed to pay the interest of KRW 300 million each month and to repay it three months after the loan. On the 13th day of the same month, the Defendant set up a joint collateral security with the maximum debt amount of KRW 450 million in the Seo-gu, Seoul Special Metropolitan City, 101, 308, 506, and 606.

On December 12, 2011, the Defendant, at the above certified judicial scrivener office, did not pay KRW 300 million of the above borrowed money, issued to the victim a written statement to the same effect as above, stating that “When the right to collateral security set forth in F apartment No. 506 was cancelled, the Defendant would first pay the borrowed money with the purchase price received after the purchase and sale of the apartment.” At the same office around February 15, 2012, the Defendant, “When the right to collateral security is cancelled, the F apartment among the real estate owned by the Defendant and Seongbuk-gu Seoul Metropolitan Government G apartment will first be paid to the victim if the money is received after the purchase and sale of the apartment among the real estate owned by the Defendant.”

However, it was difficult for the Defendant to be subject to seizure of the Defendant’s real estate, deposit account, etc. due to the default of national taxes at the time, and even if the Defendant sold the said F apartment by cancelling the right to collateral security established by the victim, it was thought that the remainder of the money used for the repayment of senior mortgage debt, repayment of the deposit money, etc. out of the sale price would be used as taxes in arrears, interest payment of overdue loans and other debts, and living expenses. Therefore, the Defendant did not have the intent and ability to use the money borrowed

As above, the Defendant, by deceiving the victim and deceiving him/her with the consent of the victim, obtained on December 5, 201, the said F apartment 101 Dong 506, February 17, 2012, the said F apartment 101 Dong 308, and November 12, 201.

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