(영문) 서울북부지방법원 2013.09.25 2012노1670

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(영문) 서울북부지방법원 2013.09.25 2012노1670

사기

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that even though the defendant notified the victim of the termination of the Korea-Japan supply contract because it is difficult for the victim to provide the security, the F, a partner, to whom he/she continues to be provided the only friendship from the victim, so the criminal intent of deceiving the defendant cannot be recognized.

2. On July 2010, the summary of the facts charged stated that the Defendant, at the office of the E office of the victim D management company located in Gyeongnam-gun, Youngnam-gun, the Defendant gave the victim a certified copy of the real estate register and an appraisal report of the real estate located in the Yeongdeungpo-do in Gangwon-do, and falsely stated, “I will give the victim with real estate equivalent to one billion won located in the Yeongdeungpo-do, and make settlement in cash immediately upon receipt of Korea-do.”

However, there is no fact that the owner of the above real estate has been permitted to purchase the above real estate or provide it as a security, and thus there was no intention or ability to pay the price in cash immediately even if it is supplied with Korea from the victim.

Therefore, it shall be supplied from the victim on July 19, 201 to the day from July 28, 2010 to the day from July 28, 2010 to the day from July 28, 201 to the day from July 201, to the day from July 21, 2010 to the day from July 201.

8. Until December 24, 200, the amount of KRW 146,00,000 has not been paid and the remaining amount of KRW 62,61,780 has not been paid.

3. The lower court’s judgment: ① (a) the Defendant offered the real estate owned by a third party as a security to receive Korea-Japan as security; (b) on July 15, 2010, G, the secretary of the certified judicial scrivener’s office, attended the place where the Defendant and the victim met; (c) the Defendant did not have sufficient means to purchase the said real estate; and (c) the Defendant issued the Defendant’s property registration certificate under the name of women I, and the victim supplied Korea-Japan for ten (10) days from July 19, 2010 to the victim; and (d) the Defendant supplied Korea-Japan.

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