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(영문) 수원지방법원 2015.01.23 2014고합564
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty.

Reasons

1. Around April 23, 2010, when Defendant B actually operated the summary of the facts charged, the creditor Japanese bank filed a request for auction to the instant friendship on or around April 23, 2010. The Defendants paid 2.4 billion won to the instant friendship Co., Ltd., which was awarded a successful bid for the instant friendship in order to re-acquisition the instant friendship, but the purchase and operation of the instant friendship was insufficient, and as such, it was insufficient to raise funds by deceiving the money from the victim F, who is the will of Defendant A, and then, by deceiving the victim as follows, acquired KRW 50 million in total from the victim.

On March 30, 2011, the Defendants: (a) around March 30, 201, at the coffee shop located in Seocho-gu Seoul Metropolitan Government, stated that “The acquisition funds will be required; (b) if the Defendants borrowed KRW 200,000,000,000 per month after acquiring the instant friendship, the principal will receive the loan and pay the loan until June 30, 201, and pay the interest of KRW 300,000 per month. In addition, the Defendants would pay 5% of the instant friendship or shares in addition to the principal, and one right to operate services in the private letter or in the private letter or in the public.” As security, Defendant A, the Suwon-gu Suwon-gu Seoul Metropolitan Government H apartment 113 dong 1102.”

However, in fact, even if the Defendants purchased the instant private house and borrowed it as a collateral, they could not obtain a sufficient loan due to the lien of approximately KRW 2.7 billion in the instant private house, and thus, they did not have the intent or ability to pay the said amount to the victim. In addition, in order to secure the Defendant’s obligation to the victim, there was no intention or ability to set up a collateral security right with the secured obligation of KRW 200 million in the H apartment owned by the Defendant A.

Nevertheless, the Defendants conspired with each other.

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