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(영문) 광주지방법원 2016.07.05 2015고단708
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 25, 2014, the Defendant’s summary of the facts charged: (a) around February 25, 2014, the victim E (51) seeks to purchase real estate located in the F of the applicable population at the D judicial scrivener office located in Gwangju-dong, Gwangju-gu, with the victim E (51 years of age); and (b)

It is intended to set up a collateral security after transferring the ownership of the permissible real estate for security.

In order to establish a right to lease on a deposit basis for real estate located in Gwangju North-gu G, and to make a provisional registration of the right to claim for the transfer of ownership for real estate located in Seo-gu, Gwangju-gu.

The loan money will be repaid by April 25, 2014, and approximately KRW 4 million of the monthly interest will be paid by approximately KRW 2 million.

“.....”

However, at the time, the Defendant purchased real estate F in the wife population at approximately KRW 1.6 billion and decided to take over KRW 1.5 billion, but it was difficult to have economic circumstances to the extent that the interest was not paid. The Defendant promised to provide security to the victim.

G Real estate borrowed money from the injured party, such as the right to collateral the maximum claim amount of KRW 720,000,000, and the maximum claim amount of H real estate amount of KRW 3,60,000,00,000, the maximum claim amount of KRW 35,000,00,000, in accordance with the promise, it was difficult to repay it or provide effective collateral

As above, Defendant 1 received money of KRW 150,000 from the injured party on the same day from the injured party and acquired it by fraud.

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value that makes the judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, even if there is suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant even if there is no such evidence (see Supreme Court Decision 2006Do735, Apr. 27, 2006).

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