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(영문) 부산지방법원 2013.06.20 2013고단236
사기
Text

Defendants are not guilty.

Reasons

1. On April 20, 2007, Defendant A was sentenced to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on March 13, 2008, and the judgment became final and conclusive on July 20, 2009. Defendant A was sentenced to four months of imprisonment for fraud, etc. at the same court on June 9, 2009, but was sentenced to four months of imprisonment for the same court on August 20, 2009, but the Defendant appealed, and the judgment became final and conclusive on August 28, 2009.

Defendant

A uses the comprehensive construction license of L Company (Representative: M) as the representative of K Company, is a person who has executed the construction of a P Apartment Building Construction Project to be implemented by the Busan Sacheon-gu N, and the defendant I was a person in charge of the sale of the above apartment at the sales office of the apartment.

1. On May 11, 2007, Defendant A and Defendant I conspired with each other to introduce the victim S to Defendant I through the branch of the Rnotarial office located in Q Q in Busan, and Defendant I show the supply contract of P apartment 101 Dong 302, and Defendant I is an apartment supply contract with the middle 70 million won, and the apartment supply contract with the middle 70 million won is the apartment supply contract with the middle 30 million won as security, and the contract will be repaid by August 11, 2007, and if the payment is not made, the sales right will be transferred.”

However, there was no fact that Defendant I paid the intermediate payment of the above apartment 101 Dong 302, and Defendant A was unable to pay the money during the period of payment or to be guaranteed the right to sell the money to the victim, even if he borrowed money from the victim as collateral of the supply contract, on the ground that he was prosecuted for acquiring the loan of the lease fund against the financial institution on the ground of false buyers, and was convicted of the charge of acquiring the loan of the lease fund from the financial institution and was convicted in the first instance trial on the ground of false buyers.

As above, the Defendants got 30 million won from the seat to receive 30 million won as the borrowed money.

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