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(영문) 서울동부지방법원 2018.08.09 2018고단38
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around May 2016, is able to purchase the E-regional housing association model Hashes in Songpa-gu Seoul Metropolitan Government, and the victim F who is not qualified to join the regional housing association as a member of the current regional housing association.

There are two special parcels at present.

On the other hand, 20% reduced compared to other union members, and once only the down payment is paid, the profit of 50 million won will remain.

The phrase “the purchase price of each unit shall be KRW 30 million after having subscribed to the Association within three months to sell the purchase price, and the purchase price of each unit shall be KRW 30 million after having subscribed to the Association.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to resell the right of sale.

The Defendant was granted KRW 30 million, around June 3, 2016, and KRW 30 million around June 9, 2016, from the victims, under the pretext of the sales commission.

Accordingly, the defendant, by deceiving the victim, received property from the victim and acquired it.

2. Determination

A. The defendant and defense counsel asserted that the defendant and defense counsel recommended the victim to enter into a sales contract at a discounted price by joining the E-Regional Housing Association (hereinafter referred to as the "Association of this case") and receive a sales agency fee. However, they would allow the victim to obtain gains from resale of the real estate sold to the victim within three months.

It argues that there is no promise.

B. We examine the judgment, the victim consistently resells real estate sold in lots by the defendant to leave the marginal profit.

have undertaken

The defendant would resell the real estate sold to the victim by the victim, in light of the fact that the victim who is not eligible to subscribe to the association of this case appears to have been clearly admitted to the association of this case for the purpose of resale.

section 3.2.

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