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(영문) 수원지방법원 2012.02.22 2011고단1987
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is that the Defendant, along with his mother E, engaged in the business of operating a mutual sports facility of “G” in Suwon-si, Suwon-si.

E was accused of fraud due to the victim H and his father, who did not repay the money to I, and was accused of fraud. On January 23, 2010, there was a fact that notarial deed was prepared with the same content as 1.25 million won. Around that time, E received monetary support from the victim who did not repay the money, and sought a plan to normalize the above G building subject to auction after receiving a successful bid of the said G building, which was detained on September 21, 2009, and was admitted to the Gangseo prison until November 27, 201 of the same year.

E, from October 2009 to November 1, 2009, during confinement, was awarded a bid for the above G401 from the above G401 to the victim's name after consultation with the victim. Next, the defendant purchased the above G401 from the victim. The victim will make provisional registration for the above 401, provisional registration for the defendant's name, for G 501 in the name of the defendant, the victim will make provisional registration for the above 401, and the defendant also promised to guarantee the debt of E at the same time, and the defendant was also aware of the above contents.

On November 11, 2009, the Defendant discussed the auction auction bid No. G 401, which will be the following day from G 214, G G 2009, and then leased the Defendant a letter of agreement containing the above agreement to the effect that “the Defendant is jointly and severally and severally liable for debt of the mother. The victim may also pay rent of KRW 14 million per month, which is demanded as compensation for the interest on the successful bid price,” and the victim believed to have been awarded a successful bid No. G 401 on November 12, 2009 and entered into a letter of agreement containing the above agreement with the Defendant on November 13, 2009, and on December 10, 2009, leased the rent of KRW 14 million to the Defendant.

However, the facts are only the victim's promise with E's instruction or request.

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