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(영문) 울산지방법원 2019.07.10 2018고단2779
사기
Text

The defendant shall be innocent.

Reasons

Summary of Facts charged

A. On August 3, 2015, the Defendant against the victim B entered into a purchase and sale promise with the victim, stating that “The Plaintiff would purchase 1/4 share of the land of Ulsan-gun, Ulsan-gun, Ulsan-gun, in order to construct an apartment and pay 78 million won as down payment, first of all, if the ownership of the land is transferred, the balance will be paid on December 30, 2015.” On November 4, 2015, the Defendant paid KRW 78 million to the victim while entering into a purchase and sale contract with the victim around Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, the office of licensed real estate agents. However, the Plaintiff would transfer the ownership to the balance of the land of KRW 78 million,000,000,000,000 to the owner of the said land until the end of 20,000 won until the end of 20,000 won.”

However, in fact, the Defendant was scheduled to proceed with the new apartment construction project in Ulsan-gun G G G, Ulsan-gun, including the above land, but at the time, the capital of H was limited to KRW 100 million, which was operated by the Defendant as a bad credit holder, and the total land price of KRW 3.2 billion and construction cost were planned to be appropriated for the entire PF loan, but there was no intention or ability to pay the purchase price to the victim on the agreed date because it was not sufficient to implement the project,

Nevertheless, on November 4, 2015, the Defendant: (a) by deceiving the victim; (b) caused the victim to complete the registration of ownership transfer in the name of 1/4 of the land E in Ulsan-gun, Ulsan-gun; and (c) did not pay KRW 156 million to the victim; and (d) acquired pecuniary benefits equivalent to the said amount.

B. On September 19, 2015, the Defendant against the victim J is against the victim J in the above D Licensed Real Estate Agent Office.

The contract of sale and purchase is made with the same content as the paragraph, and the contract of sale and purchase is made on November 4, 2015.

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