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(영문) 청주지방법원 2014.06.13 2014노184

사기

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the fraud of the victim I, the victim I knew the defendant that the monthly rent of the victim I's own real estate is at least KRW 2 million, despite the fact that the monthly rent of the victim I's own real estate as indicated in the judgment below was at least KRW 4 million, ② the defendant acquired the lease deposit amount of KRW 100 million based on the false lease agreement made between the defendant I with the lessee with respect to the real estate owned by the defendant, ③ the defendant was rescinded in violation of the exchange agreement entered into with the defendant, such as not delivering the defendant under the promise No. 301 and No. 401 of J building 301 among the victim I's real estate to the defendant, and even if the defendant did not take part in the execution of the exchange agreement, it cannot be deemed that the defendant did not have any intention or ability to perform the exchange agreement with the victim, and the victim I believed that the difference between the victim I and the defendant was at least KRW 2.5 billion,000,000,000 to be paid to the victim's real estate.