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(영문) 의정부지방법원 2016.10.06 2015고단3230
사기
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

1. On April 20, 2012, the Defendant: (a) at the D branch of Han Bank located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul; (b) provided the said G apartment 10,80,000 won as collateral to the D branch E, an employee of Han Bank; and (c) provided the said G apartment 10,000 won as collateral for the loans of KRW 180,000,000,000,000,000,000,000 won; and (d) provided as collateral for the said G apartment 10,000,000 won as collateral to the employees of Han Bank.

However, on November 30, 2009, the Defendant received the lease deposit of KRW 1.3 million from H, the Defendant, who was the Defendant, and leased the said G apartment 101 Dong 1502 to the said H. Thus, even if the Defendant created the said G apartment 101 Dong 1502, the Defendant could not be preferentially reimbursed for the amount equivalent to the lease deposit with the said H.

The Defendant received 180,000,000 won from the victim, namely, from the victim, to the one bank account (number: I) in the name of F.

Accordingly, the defendant deceivings the victim and let the F receive the property.

2. According to the evidence duly adopted and examined by this Court, the following facts can be acknowledged.

On April 18, 2012, the Defendant sold the Bupyeong-gu Incheon Metropolitan G Apartment 101 Dong 1502 (hereinafter “instant apartment”) to the J, but paid KRW 70 million out of the remainder to K with the cost of provisional disposition cancellation against K after offering it as security, and paying KRW 180 million out of the remainder as the interior cost of Gyeyang-gu Incheon Metropolitan City L and 603 (hereinafter “instant commercial building”).

However, at the same time, J leases the instant commercial building to the Defendant, and at the same time, equivalent to the above interior cost (i.e., the amount equivalent to KRW 100 million out of the remainder of the purchase price of the instant apartment).

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