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(영문) 대전지방법원 2015.05.15 2014고단3093
사기
Text

Defendants are not guilty. Defendants are not guilty, and the summary of the above judgment is publicly announced as to Defendant B.

The instant application for compensation was filed.

Reasons

1. The summary of the facts charged: (a) around October 2013, at the office of Defendant A of the second floor of the Seo-gu Daejeon Daejeon District Office, Defendant A lent funds to conduct business; and (b) Defendant B conspired to acquire money from F by providing collateral.

Defendant

A around October 2013, at the cafeteria-dong, Seoyang-dong, Daejeon-gu, Daejeon-gu, stating that “F is unable to make a company because there is no money, and only if it is made a company, it shall pay money within three months if it is extended to KRW 60,000,000,000,000, and up to three installments interest shall be paid; and if the F demands a security, at the office of the above Defendant A around 10:0,00, the Defendants will carry on the same business, and at the office of the above Defendant B, the “written copy of the real estate register” of the real estate that the Defendant B provides as security, and “I will cancel the transfer registration and provisional seizure under H’s name on the secured real estate by March 15, 2014.”

However, in fact, Defendant A cannot establish a company at a normal level due to lack of special assets or imports, and thereby, Defendant A did not have an intent or ability to pay principal and interest to F by making profits therefrom. Defendant B was aware of such fact, and Defendant B did not have an intention or ability to cancel provisional registration and provisional seizure of secured real estate until March 15, 2014.

In collusion, the Defendants received 4,600,000 won from F to the Agricultural Cooperative (J) account in the name of I as a loan on October 16, 2013 and received 54,000,000 won in total from 18th of the same month to 5 times as a loan, from the 18th of the same month.

2. The gist of the Defendants’ lawsuit

A. Defendant A was actually endeavored to initiate the business and did not have any intention to obtain fraud.

B. Defendant B 1 merely lent money and offered a security to Defendant A in trust.

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