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(영문) 대전지방법원 천안지원 2018.08.16 2016고단2447

사기

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The underlying facts Company B (hereinafter “B”) is the owner of an officetel and commercial building at a large scale, and requested land and building trust to the Company D (hereinafter “D”) and agreed to pay a certain fee to E when the sales contract is concluded upon requesting E to sell the sales contract.

From August 2014 to March 2015, the Defendant agreed to take charge of the sales contract for officetels and commercial buildings as the general manager of the said E-company from around August 2014 to around March 2015, and to pay a certain fee from E-company when the sales contract is concluded.

B. Criminal facts (1) The Defendant committed the crime related to F subparagraph (1) in the middle of September 2014, at the office of sales in the Ctel located in G in G on September 2014, the victim H “not only four commercial buildings remain.”

The sale of down payment and fee will be made on the face of the down payment and fee.

In order to resell the commercial building after three months, profit will be given, and the down payment will be returned if the commercial building is not resold.

The phrase “ makes a false statement.”

However, in fact, the sales contract concluded with respect to the above commercial building was not one at the time, and there was no permission to conclude the sales contract under the condition of returning the down payment if it is not resold in D or B. Since the down payment was deposited and managed in D, it was not possible to return the down payment if it is not resold. In addition, even if the defendant receives the money from the above victim as the fee, he did not have an intention or ability to pay the profit by covering the above commercial building within three months.

As above, the defendant deceiving the above victim and delivered KRW 5,00,000 in cash from the above victim to the above victim on September 16, 2014 as a commission for resale around September 16, 2014, and let the above victim make the above victim a down payment around 10,000 in the name of the down payment.