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(영문) 부산지방법원 2015.07.22 2014고단1348
사기
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. From June 7, 2010, the Defendant: (a) neglected to build and operate a waste factory on the site of Seosan-si C (hereinafter “Sasan site”); and (b) purchased the said site in KRW 200 million from D and E around June 7, 2010; and (c) purchased the said site in KRW 700 million; and (d) set the right to collateral security of KRW 400 million with the maximum debt amount to D and E.

After that, the Defendant, while carrying out a new construction of a factory, said that “the Fund is expected to build a waste plant in the marsan, which is short of funds. The Defendant said, on September 1, 2010, he would obtain a loan from the victim as security after building a waste factory with the funds for the establishment of a new construction of a new factory, and then terminate the existing security by obtaining a loan from the victim as security.” In fact, the land of 1253mm2 in the Ga, Si-si, Ga, H located in the victim (hereinafter “the land of this case”) was recorded as it is in the front G, 253m2 and H large 217m2 in the land of this case, or a single-story house, building, or an indictment. Upon being provided with the Defendant, the Defendant would set up a collateral security right of 100 million won with the maximum debt amount to the said D and E, and tried to use the site for the project from that time to September 6, 2010.

On November 24, 2010, when the defendant failed to raise additional funds, the above D and E set up a collateral of maximum debt amount of 400 million won on the site of the debate, which is practically impossible for the defendant to raise additional funds by using the site of the debate.

Meanwhile, the Defendant succeeded to KRW 450,000,000 from a national bank loan at the time of purchase of the above rice site, but did not pay the interest amounting to KRW 25,00,000,000, which was not paid at the time, and the Defendant’s answer that it is possible to extend a loan to pay overdue interest and KRW 50,000,00,000 from a national bank.

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