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(영문) 서울동부지방법원 2019.02.12 2018고단1466
사기
Text

The defendant shall be innocent.

Reasons

1. On December 2014, the summary of the facts charged, the Defendant, at the C office in the operation of the Defendant in Songpa-gu Seoul Haman on December 2, 2014, concluded that “The Defendant would lend KRW 50 million to the victim D (year 41) with the interest of KRW 50 million until April 30, 2015, and offer the right to sell an apartment unit in the name of his/her husband and wife as collateral in the name of his/her husband and wife as collateral. The above right to sell an apartment unit in the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Incheon Metropolitan City would be fully paid up to the balance, and if the Plaintiff fails to pay the said money by the due date, it would impair the above right to sell an apartment unit and the right to secure the right to sell an apartment unit, and transfer a letter of transfer so that he/she can receive payment by the due date of payment.”

However, at the time, the Defendant was a bad credit holder at the time, and there was no particular property or income. The above sales right was leased KRW 78 million to G in 2009 and it was not repaid to G in 2010, and the Defendant did not pay the interest amounting to KRW 140 million,000,000,000 including interest, and the Defendant did not pay the above G, and the Defendant filed a criminal complaint. On May 21, 2014, under the condition that the Defendant withdraws the above complaint against the above G, the Defendant would prepare a contract for sales right supply after the cancellation of the complaint, and the copy of the above sales right was sent to the Defendant first by mail. As the Defendant did not withdraw the above complaint against the above G, the agreement between the Defendant and the above sales right transfer becomes null and void, and the Defendant did not have the power to dispose of the above sales right.

Nevertheless, as above, the Defendant, by deceiving the victim and then deceiving the victim from the victim to the bank account in the name of H, his/her father on the 30th day of the same month, transferred KRW 50 million to the bank account in the name of H.

2. The argument and the judgment of the defendant and the defense counsel have the right to sell in lots at the time when the defendant provided the victim with the right to sell in lots as security, or at least believed that they had the right to sell in lots.

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