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The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;
Reasons
1. Around October 13, 2008, the summary of the facts charged, the Defendant, at the office of the company G (hereinafter “G,” hereinafter) located in the Gangnam-gu Seoul Metropolitan Government F (hereinafter “G”), concluded that “A victim E shall have the right to vicariously sell the I building 1,566 units newly constructed in Ilyang-gu, Yongsan-gu, Seoul, with the right to vicariously sell the I building 1,566 units, and if the money is urgently needed, the Defendant would pay the principal amount to two times and the right to vicariously sell the building. If the Defendant borrowed money, the principal amount would be paid KRW 100 million until November 28, 2008, and interest KRW 100 million until December 30 of the same year.”
However, in fact, even if the Defendant had a debt of 60 million won or more to the branch of J, etc. and borrowed money from the victim, such as the Defendant’s failure to pay the above employees’ benefits normally, the Defendant did not have the intent or ability to pay it to the victim, and did not have the intent or ability to grant the right to sell it to
Accordingly, the defendant received KRW 100 million from the victim and acquired it by fraud.
2. At the time of borrowing KRW 100 million by the Defendant’s assertion, the Defendant had the right to vicariously sell the I building 1,566 units newly constructed in Yongsan-gu, Yongsan-gu, Yongsan-gu, Ilyang-si, and the Defendant could have the right to vicariously sell the I building to K as the injured party, and it was difficult to conclude the sales contract due to the occurrence of a dispute between the construction of the same literature and the buyer. In addition, it was difficult to conclude the sales contract.
3. Determination
A. According to the records, the following facts are recognized.
(1) On December 5, 2007, G operated by the Defendant entered into a sales contract on behalf of the Defendant with the sales commission of KRW 3.666 billion from the Si construction Dongmun Construction Co., Ltd. (hereinafter “Dongmun Construction”) and the sales requester Dable Development Co., Ltd. on behalf of the Defendant for the total amount of KRW 1556,000,000 for the 1,556 units of the Hanyang-gu I apartment. From that time to October 2009, G operated the I apartment sales contract.
(2) G is as of February 12, 2008 1.