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(영문) 서울중앙지방법원 2013.07.09 2013고단77
사기
Text

The defendant shall be innocent.

Reasons

The Defendant was planning to implement an officetel construction project by purchasing land and buildings equivalent to 14 billion won at the market price owned by G from July 201 to Yangcheon-gu Seoul Metropolitan Government, a limited liability company G from around July 201.

1. On July 201, 201, the Defendant recommended the victim H, who was aware of the business relationship of the first patrolman, to invest funds in the instant officetel construction business.

The Defendant stated that “The Defendant secured a down payment of one billion won for the purchase of the above land and buildings, and secured an investment amount of 850 million won from other investors. If 150 million won has been invested, the down payment may be paid, if it has been made by means of investment of 150 million won, a reasonable profit may be made if a business has been conducted with a PF loan from a financial institution, and 10% of the profit shall be paid in return for investment.

However, in fact, the investment amount of 850 million won to be paid as the down payment was not secured.

On July 18, 2011, the Defendant acquired 150 million won by transfer from the victim H, who believed that the said real estate will be carried out, by means of an agreement with other investment funds of 850 million won, when it invests only 150 million won.

2. On December 201, 201, the Defendant told the victim H of the instant case that “If the Defendant loans 50 million won as much as he/she urgently needs to take over a coffee specialized company, he/she may immediately repay it within 3 and 4 months. As a security for the borrowed money, the Defendant would immediately set up a pledge on the deposit for rent of the coffee shop operated by his/her friendship dong-dong and Dong-dong.”

However, the fact was not a situation in which principal can be repaid within 3 and 4 months, and it was a situation in which it was impossible to set up a pledge on the deposit of a coffee shop operated by the friendship-gu immediately as a security for the borrowed money.

When the Defendant borrowed money from the Defendant on December 2, 201 in the first and second order, the collateral was established immediately, and the principal may be repaid within 3,4 months.

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