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(영문) 수원지방법원 2016.09.22 2015고합550

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is to sell to the auditor F of the victim E (hereinafter “victim company”) at the office of sales of the D building in Yongsan-si District D on January 23, 2015, the Defendant sold “2,924 square meters (hereinafter “instant land”) from the victim company to develop the land from the victim company to the single housing complex.”

When concluding a sales contract, the ownership of the entire parcel will be transferred to a trust company designated by the victim company immediately.

“The purpose of “ was to make a false representation.”

However, on January 21, 2015, the Defendant: (a) entrusted the trust company of Korea and the trust company of 61,532 square meters of the above land; and (b) agreed to obtain a loan of KRW 400 million from his/her affiliated or credit cooperatives as security; (c) on February 2, 2015, the Defendant planned to complete the registration of transfer of ownership on the said 19 parcel in the trust company; and (d) did not obtain permission for development on the ground that the said parcel of land was not illegal banking; and (c) accordingly, the Defendant did not have any intent or ability to perform a contract so that the victim company can obtain permission for development, such as transferring its ownership for use in the development of a detached complex.

As such, the Defendant, by deceiving the victim’s audit fund of the victim company, and deceiving it from the F to the 28th day of January 27, 2015, “from January 17, to the 18th day of the same month” as stated in the indictment, is obvious that “from January 27, 2015 to the 27th day of August 28, 2015,” and received KRW 500 million from the victim company as the down payment.

2. The summary of the assertion is that the investigative agency of the victim company F and the representative director I of the victim company (“the victim company”) made the statement from the investigative agency of the victim company F and I (hereinafter “the victim company”) up to this court. The defendant at the time of the instant sales contract, as to the loan agreement and the security trust agreement of this case.