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(영문) 서울중앙지방법원 2013.08.29 2013노1485
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant borrowed KRW 119.4 million from the victim F. However, at the time of the Defendant’s lending of the above victim’s spouse T with the remainder payment claim of KRW 81.4 million due to the sale of AC cartel in the Gu AB, a considerable amount of Cheongju-si, and KRW 46 million due to the cancellation of New Bank EAJ on October 21, 2003 (hereinafter “AJ”).

(2) The court below erred in the misapprehension of legal principles as to misunderstanding of facts and misunderstanding of legal principles as to misunderstanding of facts against the rules of evidence and misunderstanding of fraud, which affected the conclusion of the judgment, even though the defendant did not have any money to be paid to the above victim. 2) The defendant borrowed 180,769,070 won from L in the name of the victim F in the name of the victim F. However, since the priority mortgage was established only on the maximum debt amount of KRW 1.248,00,000 at the time, the defendant and his spouse provided K land equivalent to 2,000,000,000 won, which is sufficient market price, as well as 40 billion,00 won in total at the Si of Cheongju, as the defendant and his spouse owned real estate of KRW 40 billion,000,000,000,000,000 won in total within the market price of Cheongjuju, which recognized that the defendant had any intent and ability to pay, thereby affecting the conclusion of the judgment.

3. It is true that the defendant concluded a sales contract with the victim'sO and received the down payment of KRW 150 million from the above victim. However, as stated in the facts constituting the crime in the judgment below, "the victim may execute remodeling works at the time of conclusion of the above contract, as stated in the facts constituting the crime in the judgment below."

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