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(영문) 서울북부지방법원 2014.08.13 2013고단2756
사기
Text

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

Reasons

1. Around September 10, 201, the summary of the facts charged is as follows: (a) in collusion with C (Suspension of Prosecution on the same day) and on September 10, 201, the Defendant displayed a copy of a written contract to purchase the victim E with approximately KRW 5,000 square meters from the front of F or G in the Gyeonggi Do, Gyeonggi-do, the Gyeonggi Do, and a copy of a registration right; and (b) the Defendant could get gains from market price gains upon obtaining permission for changing the form and quality of land by constructing a factory that can work for the disabled; (c) by November 30, 201, 500 square meters from the land purchased at KRW 50 million from the purchase price to November 30, 201, the Defendant made a false statement to the effect that “The transfer of ownership will be registered in the name of the victim”.

However, the defendant did not have any intention or ability to register transfer of ownership in the name of the victim with 500 square meters of the above land.

The Defendant received KRW 5 million from the victim on September 10, 201, KRW 15 million on September 15, 201, and KRW 10 million on September 21, 201 from the victim, respectively, in the IBK Bank account in the name of C, as the purchase price.

Accordingly, the defendant, in collusion with C, was delivered KRW 30 million on three occasions in total by deceiving the victim.

2. The following circumstances acknowledged by the judgment of the court below, namely, ① the Defendant’s wife entered into a contract with H to purchase the instant land on or around August 25, 201, and paid KRW 31 million as the down payment, and the remainder of KRW 50,000,000 to be paid until December 31, 2011. ② H appears to have transferred the registration of the instant land to C at the time of obtaining authentication as above, with the registration rights, certificates of seal for sale (issuance as of August 25, 201), certificates of resident registration, etc., and ③ obtained the qualification certificate for acquisition of farmland for the purpose of registering the instant land on September 1, 201.

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