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(영문) 수원지방법원 2016.07.14 2015고단2277
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, as the representative of the company E, took overall charge of the construction and sale of Gallebies located in the Gyeonggi-do Eunpyeong-gun F.

On November 20, 2013, the Defendant told the victim H that “When paying only KRW 74 million of the actual occupancy deposit, the Defendant would be able to immediately move into G 201, and KRW 162 million of the remaining gold, G 201 shall be able to receive loans as security.”

However, in order to pay the said G construction cost at the time, the Defendant agreed with the Savings Bank to obtain a loan of KRW 1.5 billion with the said G as collateral (G 16 households are KRW 1.5 billion, and loans secured by G 201 out of which are KRW 1.1 billion). Nevertheless, the Defendant demanded the victim to pay any balance without notifying the victim of such situation, and demanded the Defendant to pay the full amount of KRW 162 million, not deducting KRW 100 million from the loans secured by the said G 201. The Defendant received only KRW 74 million from the victim and received only KRW 7.4 million from the victim to immediately move into G 201, or did not have any intent or ability to help the victim obtain a loan as collateral, and the said KRW 1.5 billion loan was unlikely for the victim to receive any additional loan as collateral.

As such, the Defendant, by deceiving the victim and remitting 5 million won under the name of the actual occupancy in G 201 G 201 on the same day from the victim, was remitted 69 million won under the same name as the following day.

2. The defendant's summary of the defendant's lawsuit is that if the defendant pays only KRW 74 million to the victim who actually moved in, as stated in the above facts charged, he/she would allow him/her to immediately move in G 201, or any balance of KRW 162 million to receive a loan as security G 201.

There is no fact that the notice was given.

In other words, the defendant.

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