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(영문) 광주지방법원 2016.01.20 2015고단3008
사기
Text

The defendant shall be innocent.

Reasons

1. The facts charged in this case and the defendant's assertion

A. The Defendant, in the facts charged, operated G hotel located in the Nam Young-gun F (hereinafter “instant hotel”) and tried to newly build awale in the hotel site.

On November 28, 2011, the Defendant, at the office of J (hereinafter “J”) (hereinafter “J”) for the operation of the victim I located in Young-gun, Young-gun, Young-gun, the Defendant, “The Defendant, operating the instant hotel, and is at a risk of default due to the failure to pay the interest on bank loans.”

It shall be refunded after lending money at a discount on the face of a bill.

If the construction of the hotel in front of the hotel begins, the bank loans may be extended up to b and cash loans.

“.....”

However, the Defendant had been liable for the amount of KRW 2 billion due to the failure to operate the hotel of this case, and the new construction corporation of crowdfunding promoted did not normally proceed due to the shortage of funds.

Therefore, even if the defendant borrows the bill with the victim, the defendant did not have the ability to pay or recover the bill according to the promise.

As above, Defendant 1 made a false statement to the victim, and the part in the indictment on December 28, 201 seems to be erroneous.

J Issuing one Promissory Notes in the face value of one hundred and seventy million won (hereinafter “instant Promissory Notes”) was issued.

Then, the defendant would cancel the security by paying the bill to the bonds company that the victim discounted the bill of this case on the same day without any problem, on the face of the high seas as security of the real estate owned by the victim.

“A false representation was made.”

Accordingly, on January 2, 2012, the victim provided a security by transferring N-mortgage (the maximum amount of KRW 200 million) in the name of K in the name of K, K, K, K, K, the bond company of this case at the discount of the bill of this case.

Accordingly, the defendant acquired the property profit of the amount equivalent to the above collateral value.

B. The Defendant alleged at the time.

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