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(영문) 부산지방법원 2018.09.21 2018고정636
사기
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged in this case is that the Defendant was delegated with the authority to manage, profit from, and dispose of each of the lands listed in Section 8, 9 of the same list owned by B [Attachment] Nos. 1 through 7 of the list and each of the lands listed in Section 9 of the same list owned by C (hereinafter “the instant nine parcel of land”). In fact, the instant nine parcel of land is comprised of river areas (2,546 square meters), flood control areas (3,156 square meters), and other areas (298 square meters). Since permission to occupy and use the relevant nine parcel of land is impossible. Since permission to occupy and use a flood control area is possible, it is difficult to obtain permission to occupy and use the entire parcel of land in this case as much as the planned flood level, it is possible to grant permission to purchase the parcel of land in this case on behalf of the buyer of the instant land in the process of entering into a sale contract on behalf of the buyer of the instant land in Busan-gu, Busan-gu, Busan-do.

“Around July 7, 2016, the Plaintiff acquired KRW 30 million from G as a down payment out of the purchase price stipulated in the instant land sales contract, and acquired it by deception, by entering into a sales contract of KRW 1.22 billion with respect to the instant parcel 9 (hereinafter “instant land sales contract”) (hereinafter “instant land sales contract”).

Appellants, Defendant was prosecuted as a crime of fraud.

2. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the court of this case, the evidence submitted by the prosecutor alone is not sufficient to conclude the land sales contract of this case and deliver the down payment to G at the end of the defendant, but only in the process of concluding the land sales contract of this case as the seller's performance duty, it is additionally nine parcels of this case other than the duty of transferring ownership and transferring ownership of the land of this case.

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