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(영문) 수원지방법원 성남지원 2015.09.18 2014고단2335
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant: (a) around March 2013, as the owner of the instant parcel of land, five parcels of land and standing timber outside Gwangju City (hereinafter collectively referred to as “instant land, etc.”; and (b) around March 17, 2013, the victim E and the instant parcel of land, etc. were to be sold at KRW 3.15 million; (c) on May 3, 2013, the Defendant agreed to prepare a sales contract with F on May 12, 2013; (d) around April 12, 2013, at KRW 15 million market price of the instant parcel of land among the small trees for landscaping, which were planted on the instant parcel of land, and around April 17, 2013, the Defendant carried out the instant parcel of land to G at least KRW 16.5 million market price of the said small tree and KRW 6.5 million among the above small tree, and sold to F at least KRW 6.375 million,000,00.

On May 3, 2013, the Defendant: (a) at the J Licensed Real Estate Agent Office for the operation of the I in Gwangju-si, reduced the quantity of the subject matter as seen above; and (b) was obligated to explain the fact to the victim so that it can decide whether to enter into the above sales contract; (c) however, the Defendant prepared a sales contract with the victim to sell the subject matter of land, etc. at KRW 3,03,160,000,000,000 for down payment of KRW 45,50,000,000,000 for down payment from the victim’s place; and (d) obtained each of the remaining amounts of KRW 2.581,60,000,000 from June 24, 2013.

2. Determination

A. On the premise that there was a verbal agreement on the sale of the instant land, etc. between the Defendant and the victim on March 2013, the prosecutor indicted the Defendant as a crime of fraud on the ground that the Defendant did not notify the fact that he carried pine trees on the ground of the instant land.

B. Therefore, we first examine whether there was an agreement between the Defendant and the victim to trade the instant land, etc. at the end of March 2013, in light of the following circumstances acknowledged by the records of the instant case, the end of March 2013.

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