사기
The defendant shall be innocent.
On August 13, 2009, the Defendant entered into a sales contract to sell 3,515 square meters of forest land in Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, under the name of Gyeonggi-do, to 200 million won, at a certified judicial scrivener office located in Gyeonggi-gu, Gyeonggi-do, with the purchase price of 3,515 square meters, which is held in title under the name of Gyeonggi-do, to 200 million won, and through a licensed real estate agent I, the Defendant concluded a sales contract to sell the purchase price of 200 million won to the victim G and H., and, through a licensed real estate agent I, concluded that the victims “the right to collateral security is established with the maximum claim amount of 250 million won in the above forest, if the down payment is made, the right to collateral
However, in fact, the Defendant was planned to purchase other real estate by receiving the cost of rescission of the right to collateral security from the victim, while the Defendant was obligated to pay 50 million won to the J, who is the above right to collateral security, but did not have the intent or ability to cancel the right to collateral security because it was difficult for the Defendant to live without any particular
Accordingly, the Defendant, as seen above, was accused of the victim H and received 50 million won from the victim.
In this case, even if the defendant receives down payment of 50 million won, he did not perform an agreement to cancel all the registration of establishment of a mortgage and the registration of seizure before the remainder payment date.
However, in light of the fact that the Defendant stated in the investigative agency and this court that he was willing to cancel both the right to collateral security and the seizure with the said money, comparison of the balance amount and the debt amount of the right to collateral security, circumstances at the time when the victims refuse to pay the balance, civil litigation result, etc., the evidence submitted by the prosecutor alone by deceiving the victims as stated in the facts charged, and acquired the down payment.
The criminal intent is either fraud or fraud to the defendant.