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(영문) 서울중앙지방법원 2012.12.12 2011고단4176
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant B, as a real estate lessor, was in a relationship with the victim I (the name J, E, E, 54 years old prior to the opening of the name), and Defendant C and A are those without a certain occupation.

Defendant

C In around 2004, the introduction of Defendant A attempted to purchase 22,324 square meters of K Forest in Gyeonggi-gu, Gyeonggi-do (hereinafter “the instant forest”), but only paid KRW 10 million in the name of the down payment, and the said contract was reversed due to the failure to pay the intermediate payment. In the process, Defendant C caused damage to KRW 10 million.

In addition, Defendant B suffered approximately KRW 80 million in the process of purchasing the land located in Gyeonggi-gu by introducing Defendant A, and Defendant A promised to compensate for the above KRW 80 million.

On July 2, 2004, the Defendants stated to the effect that “A was entrusted with the authority to sell the instant forest at KRW 30,000 per square day from the M, the owner of the instant forest,” and that “The Defendants would make a lot of profits if a change in the form and quality was made by purchasing the instant forest and land and then selling the forest.” As such, the Defendants stated to the effect that “I will change the quality of land at KRW 220 million among them and transfer the ownership of the said forest after changing the quality of land at KRW 10 million.”

However, the actual sale price of the forest of this case is limited to KRW 120 million, and there was no fact that Defendant A was granted the authority to sell the forest of this case on behalf of KRW 30,000 per square year. In addition, even if the money was received from the victim for the purchase price, the amount was divided into two parts, and the Defendants were able to pay damages to each of the Defendants that occurred until then. The payment was made to M in full, and there was no intention or ability to transfer the ownership of the forest of this case to the victim.

Defendants.

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