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(영문) 수원지방법원 2018.08.08 2017고단7769

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant succeeds to the ownership of the Etel before December 10, 209, the debt KRW 45 million was established on the Etel, and sells the Gyeonggi-gu HH H H 8264 square meters (hereinafter “H forest”) owned by the Defendant and paid the remainder of the remainder of KRW 60 million from May 6, 201 to May 6, 2010 to the victim G who actually owned the Cheongju-si E and F (hereinafter “Etel”).

If it is not possible to pay the balance, it is false to conclude an exchange contract with the victim to exchange the Etel with the H forest.

However, the facts are as follows: I, the owner of H forest land, purchased land on the part of the defendant on the ground that "the land has been occupied by the owner of the electric power resource, but is wrong.

In light of the above legal principles, the Defendant sold H forest and so the Defendant did not have any intent or ability to pay an amount equivalent to KRW 60 million to the victim, and was not able to transfer the ownership of the said land to the victim on December 8, 2009, before the Plaintiff was registered to transfer the ownership of the instant H forest and land on the part of the victim, even though he was aware of the existence of no value as the land for which only the amount of debt was established, which was larger than the actual value.

Nevertheless, the defendant deceivings the victim through D as above, and he acquired on December 10, 2009 the registration of the transfer of ownership of the Etel in the name of K from the victim.

2. The gist of the defendant's assertion.