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(영문) 수원지방법원 여주지원 2018.01.18 2017고합27

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged of the instant case (hereinafter “instant building”) (hereinafter “2017 high-class 27”); and 2017 high-class 54”) around February 2, 2012, the Defendants agreed to enter into a contract with the Defendants by means of the construction of the instant building to sell it to the victim H and I, while the ownership of each of 1/2 high-class 1/2 high-class 1/3 in the name of the victim H and I, all of which actually belong to the victim, for KRW 1.9 billion.

During that period, the victim requested the defendants to guarantee their intent or ability to pay the balance by actually carrying out the studio construction of the building of this case, and the defendants were willing to make false documents and deceive the victims.

Accordingly, the Defendants, at the office of Defendant A located in Songpa-gu Seoul Metropolitan Government around February 24, 2012, concluded that the studio construction work of the instant building was awarded to Defendant B to Defendant B, a middle school building constructor, and paid all the construction cost, and received a false confirmation and receipt that Defendant A paid KRW 600 million of the construction cost around February 24, 2012, respectively.

On March 27, 2012, the Defendants concluded a sales contract with the content that Defendant A purchases the instant building from the injured party at the victim’s office located in Seongbuk-gu, Sungnam-si (hereinafter “the instant sales contract”) around KRW 1.9 billion (hereinafter “instant contract”), the victim’s equity interest in the name, KRW 1.1 billion, KRW 50 million, KRW 1.85 billion, and KRW 1.85 billion, the remaining amount, and KRW 1.85 billion), and entered into a sales contract with the victim’s interest in Seongbuk-gu, Seongbuk-gu, Sungnam-si (hereinafter “the instant contract”), and issued a false written contract, confirmation document, receipt, etc. to the victim, and the victim “the O representative in Seocheon-gu” shall provide all of the costs of construction of the instant building to the victim. < Amended by Act No. 11300, Feb. 17, 2012; Act No. 11260, Feb. 24, 2012>