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(영문) 서울중앙지방법원 2015.05.13 2014고단7645

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the internal director and the actual operator of C Co., Ltd., a planning real estate company.

On August 7, 2008, the Defendant was awarded a successful bid for KRW 1.167 million in the name of C, a corporation with D Forest land 24,893 square meters in Yongsan-si, Chungcheongnam-si.

In order to pay the successful bid price, the Defendant borrowed a total of KRW 850 million, and established, respectively, the establishment registration of the neighboring mortgage with the creditor Go Chang-gun Fisheries Cooperatives, the maximum debt amount of KRW 520,000,000 on the said real estate, and divided into E, F, G, H, I, etc. to sell the said real estate in installments.

Around August 2008, the Defendant, through the J, who is an employee of the above company, concluded that the victim K would be able to develop in the future as a house for electric power generation in the future, and that the real transport will be created in the vicinity of the company. The Defendant would sell at any time at any time when he wishes to sell the real estate because the second-time highway passes and the Toluth is anticipated to occur, and there is no legal defect in the surrounding area. When he pays the purchase price of the real estate, he would immediately be responsible for the payment of the purchase price of the real estate and cancel the registration of the establishment of a collateral security.

However, even if the defendant sold the above land to the victim, the defendant did not have the intention or ability to cancel the registration of the establishment of the neighboring mortgage established on the above land from time.

As such, the Defendant, by deceiving the victim, sold 330/24,893 square meters of common ownership shares of D forest 24,893 square meters to the victim, and received 4,500,000 won from the victim around August 10, 2008 as the purchase price of the above land, and transferred 40,500,000 won from the victim to the foreign exchange bank account in the name of C, the Defendant managed by the Defendant, around 14, 2008, from around that time to April 12, 2011, by deceiving the victims as shown in the attached list of crimes, and deceiving the victims as the purchase price of land from the victims.