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(영문) 수원지방법원 2018.10.24 2018고단1629
사기
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the substantial representative of the Category D located in the U.S., and the defendant B is the representative in the name of the above Category D.

The Defendants at the foregoing D office on August 1, 2014; Defendant B, via the victim E’s agent F, is entitled to “the instant land” on each of the following occasions: (a) the victim’s land (9,698 square meters) and H (483 square meters); and (b) the victim’s agent F.

B The purchase amount of KRW 910,00,000 and the remainder amount of the purchase amount of KRW 910,000 are “the sales contract with the instant D” (hereinafter referred to as “the sales contract with the instant D”) that is paid on October 7, 2014.

AB concluded the agreement.

Meanwhile, on the same day, the Defendants concluded a sales contract to sell the said land to I for KRW 1,139,60,000 in the name of the victim (hereinafter “the instant I sales contract”).

AB re-entered.

However, “Road Construction Works, which the Defendants promised to the said I at the time of the sales contract, was interrupted due to a civil petition, etc., the said I, around November 6, 2014, demanded Defendant B, F, and the victim to cancel the real estate sales contract and return the down payment (hereinafter “proving of the instant content”).

A. The dispatch was made.

Accordingly, the victim is a new purchaser who seeks J and sells the said land to him under the condition of KRW 900 million for the purchase of the said land (hereinafter “contract with the J of this case”).

B concluded a sales contract with the above I and demanded the Defendants to adjust the relationship with the said I.

On November 25, 2014, the Defendants conspired to the effect that “The Defendants would arrange the relationship with I by paying 173,800,000 won to I for some of them (130,000,000 won)” to the victims at the above D office.

However, in fact, even if the Defendants received part of the purchase price from the injured party, they did not intend to arrange the relationship between the sales contract with the I who had already notified the cancellation, and had the intention of personal consumption of the above money from the beginning.

Nevertheless, there is a need to do so.

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