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(영문) 서울중앙지방법원 2015.06.24 2014고단8128
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged Defendant A operated Co., Ltd., a planning real estate company from around February 2009 to February 2013. Defendant B served as a management director of the said company from February 2010 to February 2013.

Defendant

A around May 201, around 201, entered into a contract to purchase KRW 1738 square meters (hereinafter “instant land”) prior to F in Echeon-si, Gyeonggi-do, with a deposit of KRW 730,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and paid to G as a loan of KRW 280,000,00,000,00,000,00,000.

Defendant

A, in addition to KRW 280,000,000, the land of this case was loaned as collateral and was loaned as collateral KRW 4770,000,000,000 to Ha, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do, and thus, had a large amount of interest every month due to excessive loans, and even if the land of this case was sold because there was no particular income or property, there was no ability to cancel the right to collateral

Nevertheless, Defendant A instructed Defendant B to sell the instant land to another person at KRW 2.5 million, and Defendant B knew that Defendant A could not terminate the right to collateral security established on the instant land due to lack of funds, Defendant B conspired to sell the instant land to another person as if the instant land was likely to be developed in the future, and as if the right to collateral security is terminated, to use the shared share for the payment of the purchase price.

Accordingly, Defendant B around January 2012, at the above-company office in Gangnam-gu Seoul International Building, the victim J (WW, 57 years of age) was 50 square meters in the Gyeonggi-si F land.

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