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(영문) 창원지방법원 거창지원 2017.10.27 2016고단137
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was, on May 201, the Defendant agreed to purchase the victim C’s Gyeong-gun E and two parcels, other than 400 million won, from the victim C’s wife-nam, in order to purchase them for KRW 150 million, the Defendant paid KRW 150 million as the down payment, and performed the registration procedure for ownership transfer at the same time as the down payment, and the remainder of KRW 197.5 million, which remains after deducting the amount of the amount of the collateral security established on the said land, shall be paid through subsequent consultation in order to secure the payment of the remainder, and the Defendant agreed to make a registration for the establishment of the collateral security equivalent to KRW 300 million as the creditor of the victim E’s land

Defendant paid KRW 150 million in total on four occasions from May 23, 201 to May 27, 2011 pursuant to the above agreement, from the victim F’s account in the name designated by the victim C to May 27, 201, the victim paid KRW 150 million. On May 31, 2011, the victim C obtained registration for the transfer of ownership of land E from the victim C, and simultaneously made registration for the establishment of the right to collateral security equivalent to KRW 300 million in maximum amount of the claim against the victim C as the beneficiary of the right to collateral security.

After that, on June 16, 201, the Defendant stated to the effect that “H” offices located in G in Chungcheongnam-nam, the Defendant would terminate the right to collateral security established on E land and pay the remainder after receiving a joint loan from the said land to the NAF at the earliest-si, Jini-si, Jin-si, Jin-si, Seoul, with the right to collateral security of the I land as soon as possible, to the effect that “The right to collateral security of the I land will be terminated at the earliest.”

However, the defendant did not have the intent or ability to pay the balance due to the loan or terminate the right to collateral security established on the I land even if the victim C terminates the right to collateral security and obtains a loan with the I land provided by the victim F.

As such, the Defendant, by deceiving the victim C and deceiving it from the victim C on June 21, 201, is in the name of the victim F in relation to the documents necessary for the termination of the collateral mortgage established on E land and the land.

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