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(영문) 청주지방법원 2013.05.10 2012노763
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is as follows: (a) the Defendant’s husband and wife owned the claim amounting to KRW 45 million (in the instant indictment, it appears that the Defendant lent KRW 46 million to the victim; and (b) the Defendant’s husband and wife agreed to transfer KRW 10,000,000 to KRW 28,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000).

2. Determination

A. The issues surrounding the facts charged in the instant case are as follows: (a) whether the Defendant received the instant apartment from the victim by payment in lieu of a partial repayment of the claim amounting to KRW 45 million against the victim’s husband and wife; (b) whether the Defendant merely received the title trust or merely received the title trust; and (c) whether the victim agreed to pay the Defendant the amount of KRW 16 million (18 million), which is part of the lease deposit (18 million) of the instant apartment; or (d) whether there are circumstances under which the Defendant should bear the burden.

B. In light of the following circumstances acknowledged by the court below and the evidence duly admitted and investigated in the court below as to whether the defendant received the apartment of this case from the victim in lieu of a partial repayment of the claim amounting to KRW 45 million against the victim’s husband and wife, the defendant was merely a title trust rather than a transfer of the apartment of this case by payment in kind, and was well aware of such circumstances.

1. The victim shall begin with the investigative agency.

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