사기
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant operates the planning real estate company with the trade name of Gangnam-gu Seoul Metropolitan Government C.
Around July 2012, the Defendant, at the foregoing D office, concluded that “If the Defendant purchases F real estate of Gyeonggi-gun, he/she would be able to view that the surrounding areas would have a big profit from the estimated development. When paying down payment and intermediate payment, he/she would transfer the registration after cancelling the collateral security established on the said real estate. It would be time for the Defendant to borrow KRW 20,000,000 as collateral and pay the remainder.”
In addition, the defendant made a false statement to E at the same place on August of the same year.
However, at the time, the Defendant was unable to pay the monthly salary of the employees due to the shortage of planning real estate operation funds, so there was no intention or ability to cancel the collateral security or transfer ownership to the victim even if he received the down payment and the intermediate payment.
Nevertheless, the Defendant, as above, deceiving E and its affiliated therewith for the same year as the purchase price from E.
7. Around 18.10,000 won was delivered 72,529,500 won in total from that time until October 29 of the same year, as shown in the separate crime list, from that time, from around 18.15 to that time.
2. The Defendant asserts that, although the conclusion of a real estate sales contract with E was true, it was not true that he would transfer the registration after cancelling the collateral security established on the said real estate if he pays the down payment and the intermediate payment, and that E did not complete the registration of ownership transfer because he did not pay any balance. Therefore, he did not deceiving E.
First, as to whether the Defendant intended to transfer the down payment and intermediate payment to E after cancelling a collateral security, according to the description of each real estate sales contract (Evidence No. 19, No. 20 pages) and each real estate sales contract (Evidence No. 19, No. 20 pages), the down payment amount is KRW 6 million and the remainder is 5.