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(영문) 서울중앙지방법원 2017.11.15 2017고단3083
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was operated by the Defendant, who is engaged in travel agency business in Australia.

On November 3, 2009, the Defendant entered into a monetary consumption loan agreement with the victim E to borrow KRW 300 million as of October 9, 201, and provided the victim with the stocks of the Co., Ltd., Ltd. as collateral and the F. F. 103 square meters and buildings owned by the Defendant.

On August 27, 2011, at the office of H attorney-at-law located in Seocho-gu Seoul Metropolitan Government G and 202 around August 27, 201, the Defendant: (a) provided the victim with a collateral for the company’s assets by April 30, 2012, the Defendant would immediately pay USD 150,000 to the Australia out of the disposal price; (b) if the disposal price is less than USD 300,000 to the Australia out of the disposal price, 50% out of the disposal price will be paid preferentially; and even if the company did not dispose of, it would again provide the company’s assets as collateral.

B. I will set up as a joint guarantor and fulfill his obligation.

After making the statement to the purport that "," the victim made an agreement to the same purport, and entered into a new monetary consumption loan agreement with the victim on April 30, 2012, stating "the supplement of I’s signature" in the column of joint and several guarantors, terminating the existing monetary consumption loan agreement with the victim, terminating the loan agreement with the victim, making the loan more than USD 256,000, and making the repayment due date as of April 30, 2012.

However, the defendant, at the time, could not maintain the permission of the corporation D because he could not arrange for the provision of the shares of the corporation as security, and therefore, the purpose was to require the victim to terminate the security established for the shares of the corporation, and if the above company could not dispose of it, he did not intend to offer the above company's assets as security again to the victim. In order to perform his obligation, I, the defendant's wife, is the joint guarantor.

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