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(영문) 서울중앙지방법원 2017.08.24 2016고단9182

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person running D Co., Ltd. established for the purpose of real estate sale and lease business (hereinafter “D,” and the name of the company is omitted).

On October 19, 2015, the Defendant, at the D office located in Daegu-gu E Apartment Building No. 301 Dong 208, Daegu-gu, 2015, the Defendant acquired apartment from the case non-real estate trust, “The Defendant was under construction in Pyeongtaek-si G owned by the case non-real estate trust,” and acquired apartment from the case non-real estate trust.

Currently, the progress rate is 95%, and only the construction work, such as indoor pressing, has not been carried out as a mother and child construction work.

In order to purchase 70 million won per apartment without having to lend money, it is necessary to prepare a sales contract with the price of 110 million won per apartment without having to purchase 490 million won per apartment.

On January 15, 2016, the completion of construction is expected to be made by the bank, and upon completion, the amount of KRW 110 million per bank will be refunded to 70 million.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not have acquired apartment houses under construction on the Pyeongtaek-si G ground owned by the case non-real estate trust, and the amount of money received from the injured party had been planned to be used for another purpose, and there was no intention or ability to pay the money as agreed, because the property status of the Defendant was deteriorated at the time.

Nevertheless, the Defendant, as above, received KRW 280,000,000,000 from the injured party for the purchase price of apartment at the aforementioned temporary place, as well as from October 19, 2015 to October 29, 2015, a total of five times, such as the list of crimes, by deceiving the injured party and receiving KRW 280,000 from the injured party for the said temporary place.

Accordingly, the Defendant acquired 490 million won from the injured party.

The amount of damage to the place of the crime Nos. 1.