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(영문) 서울중앙지방법원 2013.08.28 2012고단7247
사기
Text

The defendant is not guilty, and all applications for compensation order are dismissed.

Reasons

1. The summary of the facts charged is the person who operated E, a planning real estate business entity.

On March 3, 2007, the Defendant made a false statement to the effect that “The urban development plan is under way with respect to this location, Gyeonggi-si G, and Gyeonggi-si G, and the land at this point is left back in advance. It can be seen that there is no access road, and there is no access road, and it is responsible for inside and outside the land, and will open a access road, and will obtain the development permission so that the entire house can be located.”

However, in fact, when the defendant sells it to the victim, the F Forest is not only a place where the gradient is not less than 20 degrees of development permission and the construction of electric source housing is impossible, but also there was no specific plan for opening access roads entering the forest as above.

The Defendant, by deceiving the victim as above on March 23, 2007, received 5 million won from the victim through E employee H and I as the down payment for the purchase of forest at the mutually influent restaurant located in the Bupyeong-gu Incheon Metropolitan City on March 23, 2007, and around the 26th of the same month.

5. Around 15. Around the same year, each of the 20 million Won was remitted to E’s foreign exchange bank account under the name of E for the intermediate payment and the balance for the purchase of forest land, and acquired 45 million won in total.

2. According to the evidence submitted by the judgment prosecutor, the Defendant is found to have sold forest land as stated in the facts charged to the victim and received KRW 45 million in the name of the purchase price.

Furthermore, in light of the facts charged, the following circumstances are examined as to whether the Defendant deceptiond the victim as stated in the facts charged, and the records, in particular: ① the Defendant and I consistently installed access roads to the above forest, a franchising site, on the ground that the surrounding areas of the forest were developed and protected by the investigative agency up to this court; and ② the Defendant and I would purchase the land.

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