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(영문) 대전지방법원 2013.11.15 2012고단4530
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged (2012 Godan4530) The Defendant is a representative director of C Co., Ltd. (hereinafter “C”) and D is a person who runs real estate brokerage business with the trade name of F real estate in Ansan-gu E from October 2007 to Ansan-si.

Pyeongtaek-si G and three lots of H apartment (hereinafter referred to as “H apartment”) are an aggregate building after constructing and selling seven and twenty-four and twenty-six and twenty-six households from J Co., Ltd. (hereinafter referred to as “J”) in effect in I (hereinafter referred to as “I”).

On December 24, 2007, the Defendant: (a) transferred H apartment 6 bonds (No. 101, 208, 106, 101, 109, 110, 510, 107, 108, 107, 108) received as payment in kind by K’s partner company; (b) around that time, the Defendant delegated D with the said six apartment bonds sales services.

Around April 29, 2008, the Defendant entered into an agency contract with I and H apartment with the remainder of 280 households, and C re-agented the H apartment on the same day to D, but before April 29, 2008, it did not enter into a service contract for the parcelling-out of H apartment or re-entrusted the parcelling-out service to D. The apartment was not completed even at the time of delegation on April 29, 2008 and it was unclear whether it could transfer its ownership to the victims who entered into the contract for parcelling-out because it was not completed until May 2008.

As the Defendant and D need to conclude the contract deposit, etc. for the contract for the sale of the above apartment with I, in fact, C did not have the actual construction of the above apartment, and there was no apartment house transferred from K other than the six bonds transferred from K in lieu of payment in kind, the Defendant and D attempted to sell the apartment received by payment in kind to the victims so as to collect the construction cost before the completion of construction.

D Around March 2008, the term "sale of apartment sales rights" is the title "sale of apartment sales rights" in living information, such as street trees, from L to five minutes.

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