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(영문) 수원지방법원 2012.10.05 2012고단550
사기
Text

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

Reasons

Around January 22, 2008, the summary of the facts charged stated that “The Defendant loaned KRW 30 million to the victim D with a debt that he did not repay his bonds, 60,000 won per month shall be paid immediately, and as security, he will set up a second-class collateral security right on the apartment in the name of ASEAN.”

However, in fact, the F Building 202, No. 804, the title of E, which the Defendant provided as security, was set at the first priority mortgage of the national bank of the mortgagee, the maximum debt amount of 195 million won, and the second priority mortgage of the mortgagee G, the maximum debt amount of 95 million won, and the second priority mortgage of the mortgagee G, and the maximum debt amount of 90 million won, and there was no actual value of collateral. The fact that the defendant's house operated by the defendant is difficult to pay on a monthly basis due to the enemy's condition that the employee could not pay the money.

On the other hand, the Defendant borrowed 50 million won from H on the date of borrowing money from the victim and set up the right to collateral security on the above apartment, and did not notify the victim that the victim could not become the second-class mortgagee due to the establishment of collateral security in the name of H.

As such, the defendant deceivings the victim, which is, i.e., 30 million won by receiving 30 million won from the victim.

Judgment

Witness

In full view of H, witness I, and witness J’s statements at the prosecutor’s office, and K’s statements at the prosecutor’s office, the Defendant loaned the above apartment as collateral to repay the debt of the second-class mortgagee G, which was established on the apartment as stated in the facts charged through I. However, the Defendant borrowed money from the above apartment as collateral, but the obligee H did not speak about the priority of the right to collateral security, and the victim D introduced respectively by J and K. At the time of the establishment of the right to collateral security, the Defendant borrowed money from the Defendant, the Defendant’s children, the victim, H, I, J, J, K, and the certified judicial scrivener office.

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