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(영문) 수원지방법원 성남지원 2016.06.23 2016고단27
사기
Text

The defendant shall be innocent.

Reasons

1. On April 4, 2007, the Defendant entered into a contract with the victim E to sell land in Gwangju City on condition that he would obtain permission for development activities, and the facts charged were changed according to the statement of witness E, who is a down payment, under the pretext of the contract deposit.

In spite of the issuance of the contract, the contract was canceled, and the contract was canceled, and the above victim has the obligation to return the down payment of 38 million won.

On August 21, 2008, the Defendant concluded a contract with the above victim to purchase the I land in Gwangju City and made the intermediate payment to the said victim in the name of the land.

The F Trading contract in Gwangju City is terminated and the 38 million won is to be returned, and the land to be replaced by the down payment of about 2,970 square meters in the area of 13,000 square meters in I and about 13,000 square meters in the area of 2,970 square meters is to be purchased. As the survey is completed, the false statement was made as follows.

However, the defendant had no intention or ability to sell the land to the victim because the contract was terminated due to the failure to pay 800 million won of the above I land.

Nevertheless, the defendant knew the victim as above and obtained the benefit equivalent to the above amount by delaying the repayment of the above 38 million won debt from the injured party at the above time.

2. The Defendant’s assertion and defense counsel concluded a contract to sell the land of Gwangju City to the complainant E. However, at the time, the Defendant actually intended to resell the land of this case from the owner J and paid the down payment and the intermediate payment to E. However, there was no intention to commit fraud to obtain the benefit of delaying the maturity of the existing obligation, and there was no other deception.

The argument is asserted.

The defendant paid 38 million won to E (the statute of limitations imposed on or around July 2007) is a simple loan, and the defendant pays 38 million won to E separately, and the second sales contract is the second sales contract.

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