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(영문) 서울중앙지방법원 2012.12.21 2012고단3563
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who has operated (State), C, D, etc.

The Defendant, in order to secure the debt of KRW 100,00,000 to Han Bank, set up a collateral against Han Bank with the mortgagee, and the maximum debt amount of KRW 12,00,00,00 for Han Bank with respect to 100,000,000,000 for Han Bank (hereinafter “the apartment of this case”), around October 1997, the Defendant: “Around October 1997, the Defendant, with respect to Han Bank, provided the said apartment as a collateral, to the victim F, who had set up a collateral with respect to Han Bank with respect to the said apartment of KRW 10,000,000,000,000,000 for the payment of the debt of KRW 100,000,000 per month with the consent of the victim; and (b) provided the obligee to the said apartment of this case as a new collateral around November 26, 199, set the maximum debt amount as KRW 30,000,00.

Around May 21, 2003, the Defendant: (a) was unable to repay the debt incurred in the above process, and (b) applied for a voluntary auction against the above apartment; (c) on the part of the Defendant, on the part of the Defendant, “on the part of the Defendant, if the Defendant would have the Plaintiff obtain a loan of KRW 350 million in the name of (main) D having the substance of the apartment, then he shall withdraw the auction; (d) the Bank will use the apartment in its own name, and (e) the Bank will make a loan of KRW 1 million per month in return for the provision of the collateral; and (e) on the part of the victim, on the part of May 21, 2003, the Defendant borrowed KRW 350,000 from the National Bank as collateral, and (e) on the part of which KRW 300,000,000 was given to the victim the remainder of KRW 50,000,000.

After that, around August 24, 2005, the defendant is an individual who has not extended the loan since D's credit is lowered.

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