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(영문) 서울중앙지방법원 2013.07.17 2012고단3377
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in this case is that the defendant has the authority to dispose of the bonds issued by Seodaemun-gu Seoul and DB02 apartment bonds, but the defendant was requested to inquire of the purchaser of the above bonds owned by the E-Credit Union (hereinafter referred to as the “E-K”) and received the request from the E-K and did not have the authority to dispose of the bonds issued by the E-K, and it was difficult to normally implement the sales contract even if the defendant concluded the sales contract with the E-K and the above apartment bonds 4 as the seller because the defendant did not conclude the sales contract with the E-K.

On the other hand, Co-Defendant G (hereinafter “G”), an accomplice, received the Defendant through H around January 201, and conducted as if the above G purchased six of the above apartment bonds, and paid the down payment necessary for the above contract from another person as the borrowed money, and conspired in order to have the Defendant and the above G and H divided.

The above G, through I and J around January 201, intended to repay the amount of KRW 60 million to the victim K with the sum of the profits earned from the purchase of 60 million apartment bonds and the disposal thereof, within one month. Even if the sale and purchase was impossible due to the failure to pay the intermediate payment or the balance, the down payment shall be refunded at KRW 60 million, and the sales and purchase contract shall also be concluded in the name of K for this purpose.”

In addition, around January 31, 201, the Defendant and the above G were in the presence of the seller in Seodaemun-gu Seoul Special Metropolitan City 401, H, I, and J as “T representative director A of L Co., Ltd.”; the buyer as “victim and G”; the buyer as “the victim and G”; the buyer as “the total purchase price for the apartment 6 bonds”; “the contract deposit amount of KRW 1.42 billion”; “the contract deposit amount of KRW 60 million is paid at the time of the contract”; “the buyer deposit as a certified judicial scrivener office before the end of February 2011; “the remainder amount of KRW 1.420 million”; and “the seller and the seller before February 2, 2011.

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