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(영문) 수원지방법원 성남지원 2017.12.13 2016고단3874
사기
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On April 8, 2016, the Defendant: (a) around the beginning of the Seocho-do Si in Gangwon-do, the victim C was the victim C with “this site was originally located; (b) it was currently being transferred to the public.

It is intended to construct apartment buildings at this place, and to fully pay KRW 50 million at the time of the commencement of the construction project with the loan of the removal cost.

“The purpose of this is to make a false statement.”

However, in fact, the Defendant did not have any particular property or income at the time, and the debt was equivalent to KRW 15 million, and in the case of the construction of the above apartment, there was no substance in the construction of the above apartment, and thus there was no intention or ability to repay even if he borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as above and, in other words, took over the money borrowed from the Saemaul Treasury account in the name of the defendant in the name of the victim, from the victim, to the Saemaul Treasury account in the name of the defendant.

B. On May 5, 2016, the Defendant planned the victim C to build an apartment in the Seoul Gwangjin-gu Seoul Special Metropolitan City F in addition to the construction of an apartment in the above D site, and purchased the site to the said F.

It is expected that the construction cost of the F apartment will be repaid, such as the money borrowed before the face of the loan.

“The purpose of this is to make a false statement.”

However, in fact, the Defendant did not have any particular property or income at the time, and the debt was equivalent to KRW 15 million, and in the case of the construction of the above apartment, there was no substance in the construction of the above apartment, and thus there was no intention or ability to repay even if he borrowed money from the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired 5 million won from the victim to the above Saemaul Treasury account from the victim, i.e., he received 5 million won as the borrowed money.

2. The Defendant and the defense counsel did not have the same statement as the facts charged to the victim.

The aggrieved person shall be aware of the business of the E and make investments in money, and the accused shall only be the E.

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