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(영문) 인천지방법원 2017.03.30 2016고단2034
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, while the defendant was aware of in order to obtain a loan, to purchase the unsold apartment in Incheon from his name and unsound C, whose credit rating is over two pages;

On April 17, 2013, the introduction of C around April 17, 2013, purchased D Apartment 101 604, Yeonsu-gu Incheon, Yeonsu-gu, Incheon without any special financial power, and borrowed KRW 290,000,000 from the new Saemaeul Treasury, and set up a maximum amount of KRW 377,00,000,000 in the new Saemaeul Treasury.

On May 21, 2013, the Defendant entered into a lease agreement with C around May 21, 2013, the Defendant’s seal imprint certificate and passbook, etc., and C entered into a lease agreement with the victim G who is the lessee at the F Authorized brokerage office located in Nam-gu, Incheon on the same day, and with respect to the above apartment, from June 8, 2013 to June 8, 2015.

However, at the time of fact, the Defendant did not have the intention to own the above apartment, and since the loan was not repaid to the person, the real estate was scheduled to enter the auction immediately, there was no intention or ability to return the deposit after the termination of the lease contract.

Ultimately, the Defendant, in collusion with C, did not inform the Defendant that the said apartment is scheduled to commence an auction immediately, and received KRW 22,00,000,000 from the injured party as the deposit money for lease around June 7, 2013 from the injured party to the corporate bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

2. Determination:

A. The burden of proving the facts charged in a criminal trial lies in the prosecutor, and the finding of guilt must be based on the evidence of probative value that makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is no suspicion of guilt against the defendant.

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