사기
The defendant shall be innocent.
The Defendant, around October 27, 2009, entered into a sales contract with D, the actual operator of D and (State), and with respect to the land (hereinafter “instant land”) other than 7 lots (hereinafter “instant land”) owned by Chungcheongnam-gun E, Chungcheongnam-gun, the purchase price of which is KRW 1.3 billion. However, on the ground that the contract deposit was not paid on the agreed date, the Defendant was notified by C of the rescission of the contract around December 11 of the same year.
After that, D asked the purport that the purchaser can be identified in order to sell the instant land at a higher price than the above purchase price, and the Defendant, upon D’s request, did not color the purchaser as requested by D, but did not want to enter into a sales contract with D as if it was delegated with D’s authority to enter into the sales contract, and attempted to have some of the purchase price.
On June 2, 2010, the Defendant: (a) came to know of the information from the introduction of “G” office in the “G” office located in Chungcheongnam-gun, Chungcheongnam-gun; (b) sold at a price higher than the market price to H who is the owner of the instant land; (c) paid a down payment of KRW 190 million and an intermediate payment of KRW 1730,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,0000,000 won; (d) the Defendant paid
However, as above, the Defendant merely received the above physical color from D and concluded a contract with the purchaser or the purchase price, and did not have been delegated the authority to receive it. Moreover, the Defendant did not obtain prior consent from D when concluding the contract with the victim, and the Defendant did not deliver it to D when receiving the down payment and the intermediate payment from the victim.