사기
The defendant shall disclose the summary of the judgment of innocence against the defendant.
1. From November 2014, the Defendant was in office of the victim C as the representative director, and was delegated with the business of implementing real estate projects by the said company, and performed the business of discovering and reviewing real estate sites, etc., the Defendant was willing to sell the said land at KRW 510,00,00,000 to the victim as if the purchase price of the said land was the 550,000,000 won.
On December 24, 2014, the Defendant made a telephone call to the victim in an irregular area, and made a false statement to the effect that “The price of land is 550 million won.” The Defendant made a false statement to the effect that “The price of land is 480,000 won as a result of the seller’s duty of transfer, so that the seller may demand a set-off contract in the form of KRW 480,000,000,000,000,000 won, and that the remainder should be paid separately.”
However, in fact, the actual purchase price of the above land was KRW 5.1 million.
Nevertheless, the Defendant, by deceiving the victim as above, had the victim deposit KRW 70,000 in the agricultural bank account under the name of H of the seller of the above land in addition to KRW 480,000,000,000 as the purchase price stated in the sale contract as the purchase price of real estate on the same day, and again received KRW 39,000,000 from Defendant I again.
2. Generally, in the sale of real estate, who is the seller of the real estate, does not legally meaningful influence the buyer's contract or the terms and conditions of the contract, and the sale price should be determined in accordance with each party's own decision.
(See Supreme Court Decision 2009Do1979 Decided April 23, 2009). The following circumstances revealed by the records of this case, namely, the land of this case from the Defendant.