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(영문) 대전지방법원 홍성지원 2018.11.14 2018고단490
사기
Text

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

Reasons

From November 2005, the Defendant owned a commercial building C of the building Hongsung-gun, Hongsung-gun, with the wife D. On the front of the above commercial building, since around 2008, E cannot perform funeral services on the wind of installing a street store and conducting funeral services, the Defendant requested the above E to remove the street, but it was refused, and even around October 2015, it did not remove the street, and the dispute with the above E was continued.

On June 12, 2017, the Defendant concluded a sales contract for a commercial building with the intent to sell the said commercial building at KRW 36 million to the victim H while making a false statement to the effect that “the purchase of the said commercial building would remove the street store in front of the commercial building,” along with D’s office at the G Authorized Brokerage Office located in Hongsung-gun, Hongsung-gun, Hong-gun, 2017, and stated the same purport in the special agreement.

However, due to the above circumstances, even if the real estate purchase price was paid from the injured party, there was no intention or ability to remove the bags and secure access roads.

In collusion with the above D, the Defendant was provided 5 million won as the down payment from the victim by deceiving the victim as above, and around June 2017, 31 million won as the remainder of the above real estate, and 36 million won as the remainder of the real estate.

However, the facts charged of the instant case is premised on the premise of “the fact that the Defendant did not have the intention or ability to secure access roads by removing the bags at the above date.”

However, in light of the following circumstances known by records, witness I, and E’s respective legal statements, it is difficult to reasonably exclude “the possibility that the Defendant would have been in full with such intent and capabilities at the time”

The decision is judged.

(1) E is a person who has no particular relationship with the defendant and does not share interests.

The defendant has been highly likely to install, maintain, and refuse to remove a shopping mall E from that time.

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