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(영문) 청주지방법원 충주지원 2018.04.27 2017고단771
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as a member of the clan (hereinafter “family”) in the facts charged, is a person who has no stake in the above clan E, F, G, H, I, J, K, L, M, N, P, P, Q, Q, and R land (hereinafter “land”) and the victim Dispute Resolution Co., Ltd. is a project implementer who intends to purchase the above land at KRW 500,00,000 in order to engage in a hot spring development project in T&S and obtain permission for the creation of a site for U development project.

1. The Defendant’s fraud against down payment of KRW 50,00,000 does not have any problem at all regarding the transfer of ownership of the above land to three of the four executives of the clans in the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, the Damage Settlement Bank Co., Ltd., in around May 6, 2010.

It is intended to transfer the ownership of the land during the agreed period and be responsible for the payment of the price.

The phrase “the fact that” was issued KRW 50,000,000 as the down payment on the same day.

However, in fact, the instant land is practically owned by a clan and must be registered for the transfer of ownership after undergoing a resolution, etc. on the land owned by the clan. As such, it was unclear whether the ownership of the land can be transferred to the victim without reaching an agreement with the members of the clan, and was thought to be used for personal purposes by receiving the payment of the purchase price, etc., and thus, there was no intention or ability to transfer the ownership of the land to the victim within the agreed period even if

Nevertheless, the defendant acquired 50,000,000 won from the damaged person as the down payment on the same day.

2. The Defendant’s fraud of intermediate payment of KRW 60,000,000 shall be the land upon contact with the above W that it is necessary to adopt a resolution to move the ownership of the clan land in the early 2010, when the time of paragraph 1 had come to approximately KRW 60,00,00.

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