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(영문) 부산지방법원 2013.03.28 2011고단8582
사기
Text

The defendant is not guilty. The defendant is not guilty. The summary of the above judgment shall be published.

Reasons

1. The summary of the facts charged in this case is that the Defendant was sentenced to eight months of imprisonment with prison labor by the Busan District Court on September 18, 2007 and completed the execution of the sentence on March 21, 2008.

From the first half of November 2010 to the first half of December 2010, 2010, it stated that "after the negotiation with the principal creditor bank, it is authorized to sell a small amount of 37 million won in total on five occasions from the victims to the first half of December 10, 2010 to the first half of December 201, 200, the victims D (n, 44 years old), victims E (n, 51 years old), victims E (n, 51 years old), and victim F (n, 29 years old) to sell the unsold apartment at the end of the negotiation with the principal creditor bank." The victims received 37 million won in total on five occasions from the victims to the second half of the same month from December 10, 2010 to the second half of the same month, the purchase and sale contract for apartment bonds was prepared until December 29, 2010.

However, at the time of receiving the down payment from the victims, the defendant was engaged in negotiations in order to obtain the right to sell a small amount of balance, and it did not have the right to sell the apartment to the victims because the negotiations have not been well prepared later.

After all, the defendant, even though there is no right to sell the apartment, received 37 million won from the victims as the proceeds of the apartment sale contract as if he/she had the right to sell the apartment.

2. In order to make a judgment on the fact that the Defendant concluded a provisional contract with the victims to purchase and sell the apartment of this case and received the sales contract money, at least the Defendant is aware of the fact that, at least, consultation on the delegation of the right to divide the apartment of this case between the Hyundai Switzerland Savings Bank, the principal creditor bank of G, which is the contractor of the apartment of this case, at the time of the conclusion of the provisional contract and the receipt of the down payment, is not properly conducted, and eventually, there is no right to sell the apartment of this case.

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