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(영문) 서울서부지방법원 2015.01.14 2014고단2688
사기
Text

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

Reasons

1. Facts charged;

A. A. Around November 2012, the Defendant was proceeding with construction of a new building in the Gangseo-gu Seoul Metropolitan Government F and H building, I, B, Dong, Young-do, and Switzerland located in Eunpyeong-gu, Seoul. However, the Defendant was taking out a loan on the land at the construction site as collateral because it was impossible for the Defendant to raise the construction cost for the said construction site, and the Defendant was raising the construction cost by lending money to J as it did not borrow the construction cost for the construction site, except for the wooden Dong and Young-do construction site. The Defendant is proceeding with the construction project to a certain extent as the minimum construction cost, and the construction is being conducted by lending the land from the bonds company, etc. as collateral and raising the additional construction cost by obtaining the loan from the bonds company, etc., and it is difficult for the Defendant to meet with the funds such as using the money borrowed from the construction site as the construction cost at the other construction site, and the construction business operator is unable to fully pay the construction cost for the construction project operator’s land and building owned by the victim E after receiving 1/2 shares in the above land and building site.

On November 19, 2012, at a restaurant operated by the victim E in Eunpyeong-gu Seoul Metropolitan Government, the Defendant: (a) obtained a loan from the victim E with the amount of KRW 710 million to KRW 800 million on the land of Gangseo-gu Seoul Metropolitan L land as security; and (b) obtained a new construction of a multi-household building on the land of this case; (c) completed the construction of the land and the new building, and paid KRW 780,000,000 for the new building to the new person: Provided, That if the construction is intended, the Defendant shall obtain a loan; and (d) may obtain a loan from the community credit cooperatives to the extent of KRW 300,000 for each person; (c) if the amount exceeds 1/2 of the share of the land and the building, the Defendant made a false statement to M as follows:

However, in fact, community credit cooperatives will loan up to 70% of the appraisal price when it receives an appraisal.

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