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(영문) 서울중앙지방법원 2016.02.12 2014고단3690

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Summary of the facts charged

A. On August 2012, 200 million won, the Defendant may sell to the victim the “F Real Estate Brokerage Office” in the “F Real Estate G Co., Ltd. (hereinafter referred to as “G”) of the victim’s “F Real Estate (hereinafter referred to as “F Real Estate Branch”) operated in Jinju-si, Jin-si, and five copies of the right to sell the H apartment, 39 square vehicles 2 and 3Ra, which is the most personal, out of the right to sell the H apartment, whichever is in sale, from among them, exceed 113 dong 1903.

Therefore, since the above apartment house is owned by G, 5 million won should be granted to the company, and 2 million won should be transferred to the company, 113 Dong 1903, if the house is held with the charge, and 113 million won should be transferred to the company without the molding of the right to sell.

“A false representation was made.”

However, in fact, the right to sell the above 113 Dong 113 and 1903, not G ownership but around June 201, about one year prior to the sale by I, and thereafter resells the right to sell the above apartment again to J, so even if it is received from the injured party, there was no intention or ability to transfer the right to sell the apartment to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim on September 7, 2012; (b) obtained transfer of KRW 7 million from the national bank account in the name of K to the national bank account in the name of K for sale and purchase of the apartment house No. 113 Dong, 1903, from the victim; and (c) obtained such money from the victim.

B. On September 2012, 2012, the Defendant defrauded KRW 113 million with the victim, at a place where it is difficult to know the place below Jinju-si, Jinju-si, 111, 3601, and 72 square meters of H apartment, and there is no interest in the part payments.

The sales contract of 48 million won and the premium of 65 million won will be given on the face of the owner, and it will change the name of the contractor for the sale at the desired time.

“A false representation was made.”

However, in fact, the above 111-dong 3601 purchased L from Ma, and the defendant decided to purchase from L around June 201, 201, but due to the lack of the sales deposit to be paid in G at the time, L pays 18 million won out of 48 million won, and pays 18 million won from the defendant.