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(영문) 인천지방법원 2016.08.18 2015고단7948
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who operated C Newspaper and D printing offices.

On July 15, 2013, when the Defendant sold the building and land owned by himself/herself to the victim F, and registered 10% of the shares in land due to tax issues as if he/she were the owner, the said newspaper company and printing office had transferred ownership to the victim’s name on July 15, 2013.

in this manner the paper has been supplied to D printing offices;

From G to August 5, 2013, the victim filed an application for disposal of real estate price against the victim, etc. on August 5, 2013, and filed a lawsuit for revocation of the act on December 23, 2013, the defendant was willing to resolve the case of provisional disposition by preventing the victim from exercising his/her property right by filing an application for disposal of real estate price on the victim's real estate price. The defendant was willing to use the above situation of the victim to have the victim subrogated to pay the defendant's G obligation.

On February 2, 2014, the Defendant was operated in the office of the victim in the fourth floor of H building in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in a state where he/she had no property at the time.

C The payment of the debt amounting to approximately KRW 2 billion due to the failure of the newspaper company and D printing office was made by false means to the effect that even if the victim subrogated to repay G’s debt, the victim would not have an intent or ability to repay it.

Therefore, the victim, as security, requested the defendant to prepare a loan certificate in the name of the defendant's wife and to have the defendant notarized, and the defendant made a false statement to the effect that the defendant would have well known that the defendant would be notarized even though I did not finally accept the statement, and the defendant would not allow I to forge a loan certificate in the name of I and a letter of delegation of the process certificate in the name of I and deliver it to the victim along with a certificate of personal seal impression in the name of I if I did not allow it.

In this regard, the victim around March 4, 2014.

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