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(영문) 의정부지방법원 2017.08.02 2016고단4940
사기
Text

The defendant shall be innocent.

Reasons

1. On October 26, 2009, the Defendant: (a) held the victim D’s “F in the name of the Gyeonggi-gun (“F”) in the name of the E; and (b) sold in installments the instant facts charged.

If you purchase shares in the land that can be developed such as the construction of housing within one year as well as the land expected to change the form and quality of the land, we can get profits from the market price by selling after the development.

The term “the purchase of the forest” refers to “the purchase of the forest.”

However, even though the above forest land cannot be converted to, or changed to the form and quality of, a mountainous district for the development activities such as housing construction as a mountainous district for forestry use, the Defendant concluded a sales contract with the victim for some (500 square meters) of the above forest land (hereinafter “the instant land”) without sufficient review as if it were possible to develop the land within one year.

After that, the Defendant received KRW 30,300,000 from the injured party on April 23, 2010, as the purchase price and the registration cost.

2. Whether the defendant was accused of the victim.

A. The Defendant received KRW 30,300,000 from the injured party for the purchase price and registration cost of part of the instant land, but did not deceiving the injured party as stated in the facts charged.

The argument is asserted.

B. Therefore, if the Defendant was to change the form and quality of the land that could have been developed, such as the construction of housing, etc. within one year, as stated in the facts charged, it is very important in the sales contract, but there is no such content in the sales contract made between the Defendant and the victim (Evidence Nos. 2, 16, and 18) (the evidence No. 2, No. 26, 2009).

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