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(영문) 울산지방법원 2016.10.05 2015고단699
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. Around November 13, 2013, the Defendant entered into a transfer contract with the victim on the fourth floor of the “E,” where the victim D in Ulsan-gu, Ulsan-gu, was the person having a right to lease on a deposit basis, and with the victim on the said workplace. The content of the contract was that “the Defendant shall pay the victim KRW 100 million on the day of the contract, the intermediate payment of KRW 90 million, and the intermediate payment of KRW 150 million on December 15, 2013, the remainder of the contract amount of KRW 12.50 million on a 12-year basis, and the payment of the contract amount on the day of the contract amount and the contract amount of KRW 150,000,000,000 on a 12-year basis.”

However, as above, the Defendant entered into the instant contract with the victim with the intent to register the business in the name of F, not in the name of the Defendant but in the name of F, and not to return the said place of business, without paying the intermediate payment and the balance, even if the Defendant had no intent or ability to pay the intermediate payment and the balance.

The Defendant paid KRW 10 million to the victim on November 13, 2013, which is the date of the contract pursuant to the terms and conditions of the above contract. The Defendant, upon delivery from the victim of the above place of business, did not pay the remainder of the intermediate payment of KRW 90 million and the remainder, in addition to the remainder paid in installments on January 29, 2014. Unlike the terms and conditions of the initial contract, the Defendant registered the business in the name of non-indicted F, and thereby the victim could not execute the provisional disposition order on the prohibition of disposal of real estate on the ground of the deed of debt payment contract under the name of the Defendant, and did not return the above place of business to the victim until now.

Accordingly, the defendant deceivings the victim as above, and thereby is the victim.

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