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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. From May 3, 2011, the Defendant is the owner of a tenement house located in Gwangju Dong-gu Seoul from May 3, 201 to 103.
On April 11, 2011, the Defendant: (a) placed an advertisement on the lease of the first floor (103rd) located in the said apartment house, which was owned by D as of early April 201; and (b) arranged a lease contract between D and the victim E by April 30, 201; (c) paid the down payment amount of KRW 50,000,000 as of the same day; and (d) paid the intermediate payment of KRW 1.5 million as of April 14, 201.
On April 18, 2011, under the condition that the Defendant succeeds to the foregoing lease contract from D, the Defendant purchased the above apartment house Nos. 103 1 and 2 from KRW 14.5 million and received the registration of ownership transfer on May 3, 201.
On May 15, 201, the Defendant: (a) prepared a lease contract with the victim and the former deposit amount of KRW 21 million from May 15, 2011 to 24 months from May 5, 201; and (b) received from the victim a payment of KRW 19 million in the remainder of the lease deposit, as the Defendant succeeded to KRW 2,00,000,000,000,000,000,000,000,000,000,000 from May 5, 2011.
However, the Defendant did not pay the purchase price to D at the time, and received the repayment obligation of KRW 18,00,000 for G which had been previously living before, and did not transfer the registration of ownership transfer, but did not repay it. In addition, even if he received the above lease deposit from the victim, he did not have the intent or ability to deliver the victim with the first floor of the above lease deposit to G, even if he received the above lease deposit from the victim.
As a result, the Defendant received a delivery of KRW 19 million by deceiving the victim.
2. Determination: