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(영문) 서울중앙지방법원 2016.05.10 2014고단9063
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant was aware of the facts charged that the victim E had the Ftel No. 508, the Ftel at the Hanam-si of the Gyeonggi-do.

On October 23, 2013, the Defendant intends to grant a right to sell an officetel to the victim and “to the children who have the right to sell the officetel.”

In order to prepare a fair certificate, 1.5 million won will be paid for the sale of the fair certificate.

‘False speech' was made.

However, the defendant did not intend to pay the purchase price to another person after he received the right to sell the above officetel from the injured party, and disposed of it at the intermittent value, and there was no intention to pay the purchase price.

Ultimately, the Defendant, by deceiving the victim as above, received the right of sale from the damaged party, transferred the right of sale in lots to G on a conditional basis, and transferred the right of sale in lots to G on October 25 of the same year, and the victim transferred the amount of KRW 35 million on October 25 of the same year to the victim, and did not pay the remainder amount of KRW 15 million on November 27 of the same year, thereby taking economic benefits equivalent to KRW 20 million in difference with the proceeds of sale in lots.

2. According to the records of this case, ① the victim was holding the right to sell an officetel No. 508 (hereinafter referred to as the "right to sell the instant officetel") from the construction company in the Republic of Korea for the payment of construction price to the Ftel in the Republic of Korea. ② The defendant and the victim prepared the details of succession of the right to sell the instant officetel to the effect that the damaged party transferred the right to sell the instant officetel to the defendant, ② the notary public has obtained the certification from the law firm Gyeongwon on October 23, 2013, ③ there is no similar matters such as pledge, seizure, mortgage at the bottom of the contract to sell the instant officetel at the time.

2.The down payment, intermediate payment, balance 100 per cent of full payment.

In addition, the Defendant received remittance of KRW 50 million from G on October 25, 2013, and remitted KRW 35 million to the victim, and received KRW 15 million from G on November 27, 2013.

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