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(영문) 춘천지방법원 2016.02.04 2015고단948

사기

Text

1. The defendant is not guilty. 2. The defendant will notify the defendant of the summary of the judgment.

Reasons

1. On May 14, 2014, the Defendant, at the victim D’s office located in Chuncheon-si C, borrowed the land as collateral to the victim if he/she purchased real estate in Gyeonggi-do.

“A false representation was made.”

However, at the time, the Defendant did not have any funds to pay intermediate payments, etc. in the status of paying down payment of KRW 450 million out of the purchase price of the above virtual property KRW 450 million, and even if the Defendant received money from the damaged party due to urgent circumstances, other than the artist interference of the event company operated, the Defendant did not have any intent or ability to receive the said land as collateral and pay the money.

Accordingly, the Defendant, by deceiving the victim, received 5 million won from the victim to the Defendant’s corporate bank account on the same day from the victim, and acquired 30 million won from the same account on the 15th of the same month.

2. The following facts are acknowledged according to the evidence adopted and examined by this Court.

A. On January 29, 2008, E completed the registration of transfer of ownership on February 20, 2008 with respect to the land of KRW 242 square meters in Gyeonggi-gu, Gyeonggi-do (hereinafter “instant land”), G forest land of KRW 46,543 square meters, and H forest land of KRW 7,158 square meters (hereinafter “the instant land”).

B. On December 21, 2012, D established Company I (hereinafter “I”) with the purpose of collecting, selling, etc. aggregate and selling aggregate and taking office as an intra-company director.

(c)

E’s representative obtained a building permit for the new establishment of a sanatorium for older persons on the instant land, and the Defendant agreed to purchase the instant land by raising K and L funds from the wife and the Defendant to build a sanatorium for older persons (hereinafter “instant construction”) on the instant land.

(d)

K = 450 million won (a down payment of KRW 20 million) of the instant land from J that represented on March 3, 2014, the purchase price of which is KRW 450 million (a down payment of KRW 20 million) and the intermediate payment of KRW 410 million is KRW 400 million on March 3, 2014, and the intermediate payment of KRW 150 million on April 15, 2014 and KRW 20 million on June 30, 2014, respectively.