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(영문) 서울중앙지방법원 2014.05.01 2013고단5501
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is that with respect to the land of 1,223 square meters located in Cheongyang-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Cheongyang Livestock Industry Cooperatives (hereinafter “the instant land”), the Defendant may purchase the said land from the victim C at the original market price of more than 2.5 billion won, which is 1.21 billion won, so if he purchases the said land and constructs a building thereon, not only can the principal be recovered within three months, but also profits therefrom can be raised.

When the victim pays only down payment, the remainder of the down payment was discussed to the effect that it would be settled by borrowing from the bank at the comprehensive construction, which is the name of the purchaser, and the victim recommended the purchase, and the victim paid the down payment of KRW 121 million to the Cheongyang Livestock Industry Cooperatives and concluded a sales contract for the land of this case.

However, unlike the Defendant’s promise, the Defendant would be urged to resolve the balance of loans from the victim due to the absence of any balance of loans, while the victim would be urgently required to resolve the balance of loans due to the existence of a loan secured by a house owned by the victim for the purpose of establishing a sales contract for the instant land. The Defendant, on July 21, 2009, stated to the effect that “F may arrange the balance of loans from the bank for the remainder of loans of the purchase price of the instant land, if it is impossible to know the trade name located in Jung-gu Seoul Metropolitan Government E” around July 21, 2009.

However, the fact is that the F did not state the above contents, and the F did not have any intent or ability to arrange the remainder of the loan in the bank even if the F received the money under the name of the street loan.

As such, on July 22, 2009, the Defendant, by deceiving the victim, had the victim under his control transfer KRW 20 million to G account, a son of F, to the victim, and had F receive property.

2. Claims and issues

A. The Defendant and F’s assertion that the Defendant and F extend the remainder of loans.

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