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(영문) 인천지방법원 2014.02.05 2013고단1455

사기

Text

The defendant shall be innocent.

Reasons

1. On March 26, 2012, the Defendant: “F, the representative of the victim E company, purchased 45 commercial buildings on the first floor and leased a pharmacy to be established within the hospital complex that is G; the other party who wishes to design theme and move into the hospital; and the other party who was scheduled to receive the ownership transfer registration of the commercial building from the KB Real Estate Trust, the owner of the D commercial real estate by March 2012, he/she may lease the commercial building without a mold because all preparations were completed; Provided, That if the president, who is the lessee, is unable to obtain the owner of the D commercial real estate by going out of the city, prepares a preferential contract, he/she would promptly receive the registration of the owner’s seal impression in the lessor column.”

However, the facts are the same year when the defendant purchases 45 commercial buildings from KB real estate trust on January 27, 2012.

3. The agreement to pay the remainder of KRW 2.57 billion to the end of 27.27.2, but if the balance is not paid at the time, the contract would be terminated. However, at the time of concluding the lease contract with the victim, the interior work began later (round March 25, 2012, which was later than the date of the contract) and the interior work was not prepared properly, and it was difficult to prepare approximately KRW 2.7 billion (including taxes, registration fees, etc. in the balance of the purchase price) of commercial real estate purchase funds to be paid for the future KB real estate trust, etc., and there was no way to conclude the contract with the lessee, and even if he did not notify the lessee of the preparation of the fixed lease agreement with the victim, he did not have any intention or ability to rent the commercial building properly as agreed with the victim, such as the owner is unable to obtain a seal imprint affixed from H.

The Defendant, as such, deceiving the victim and deceiving him through the National Bank account in the name of I on the same day from the victim.