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(영문) 서울중앙지방법원 2016.04.21 2015노4038
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of grounds for appeal;

A. As to the Defendants’ fraud around July 30, 2012, the Defendants entered into a contract with L on November 201 to purchase the building located in Chungcheongnam-gun, Chungcheongnam-gun, and on July 2012, 201, the Defendants failed to select the contractor until entering into the contract with the victim F, and the design was not confirmed, and thus, the Defendants could not normally perform the construction work within 60 days after the completion of the removal work. As such, the Defendants were capable of paying the construction price to F within the period of 60 days after the completion of the removal work.

It is difficult to see it.

B. As to the Defendants’ fraud around February 28, 2013, the Defendants would immediately perform the removal work and recover scrap metal equivalent to KRW 170 million in the amount of KRW 170 million to F, with respect to the building located in the Gyeongbuk-gun, Gyeongbuk-do.

D. As to the above building, it was virtually impossible to obtain consent from the NAF to remove the building after only paying the down payment of KRW 50 million to I, the owner of the above building, with the right to collateral security of KRW 2.2 billion as the right to collateral security was established with respect to the above building. Thus, the Defendants had the ability to compel them to perform the removal construction of the building.

It is difficult to see it.

(c)

Nevertheless, the judgment of the court below which acquitted the Defendants of each of the facts charged in this case is erroneous.

2. Determination

A. The summary of the facts charged (1) The Defendants would pay KRW 10 million in cash within 60 days from the construction cost when completing the removal of the said D’s building (hereinafter “the instant building”) to the victim F in the “E office located in Chungcheongnam-gun, Chungcheongnam-do around July 30, 2012, and pay KRW 18 million to the victim F.

"" and the victim entered into a contract for removal works with the above contents.

However, the Defendants are specially subject to special property.

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