beta
Text
The defendant shall be innocent.
Reasons
1. The summary of the facts charged is as follows: (a) on April 2015, the Defendant: (b) requested the Victim F to purchase and sell land at the “E” office operated by the father of the victim in Gwangju Mine-gu; and (c) performed as if the Defendant was a real estate broker with legitimate qualifications; (d) the Defendant was able to engage in a Luxembourg factory on the land of 8,848 square meters, including the land of 127 square meters and 6 square meters, which is owned by the Plaintiff, and the building-to-land ratio exceeds 20%.
"...." On June 2015, in the vicinity of the above land, it is possible to construct a factory again to remove and combine the farm roads in one land to the victim.
“.....”
However, the defendant is not a qualified certified intermediary, and all factories can not be constructed because he is designated as a conservation and management area of G's land.
Nevertheless, on June 23, 2015, the Defendant: (a) by deceiving the victim; and (b) caused the victim to enter into a sales contract with G on June 23, 2015; (c) issued a copy of KRW 10 million check as the down payment; (d) transferred KRW 30 million to the Agricultural Cooperative Account in the name of G; and (e) transferred the balance to the Agricultural Cooperative Account in the name of G on July 1, 2015; and (e) had the victim acquire KRW 280 million in total by having G transfer the balance to the Agricultural Cooperative Account in the name of G.
2. Determination
A. As to the deception of the qualification of an authorized broker, the fact that the defendant was committed as if he were a legitimate certified broker is recognized.
However, in order to establish fraud, there should be a causal relationship between deception and the other party’s mistake, and F was thought to be able to newly build a Luxembourg factory on the land of 8,848 square meters, such as H 127 square meters and 6 square meters (hereinafter “instant land”). Therefore, the Defendant entered into a sales contract with G on the instant land.