(영문) 광주지방법원 2019.06.26 2019고정32

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(영문) 광주지방법원 2019.06.26 2019고정32

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the victim C, Defendant A, and other D are co-owners; and (b) the victim C, E, F, and G are co-owners with respect to the share in the name of the victim C (hereinafter “instant share”); (c) the victim C, E, F, and G make investments.

The Defendant did not enter into a sales contract with the Defendant for the instant shares with the victim C, and around October 2013, the victim decided to sell the instant shares to the Defendant’s friendship and H for KRW 37,50,000,000,000,000,000 from the Defendant, including KRW 10,000,000,000,000,000,000,000,000,000,000 from October 24, 2013.

However, the victim was unable to receive any balance, and the same year as March 14, 2016.

3. Around 25, the Defendant notified the termination of the contract.

On July 5, 2016, the Defendant entered into a sales contract with the victim of this case at KRW 37.5 million on or around October 24, 2013, and paid KRW 20 million on or around October 24, 2013. The remainder is to accept KRW 18,722,487 of the victim's personal card provisional attachment obligation but the victim did not comply with the procedure for the registration of ownership transfer.

‘A complaint was submitted to the effect that the registration of ownership transfer will be changed on the basis of the written confirmation prepared by the victim.

In such a case, the Defendant, upon deceiving the court and being sentenced to a favorable judgment on March 28, 2017 by the court, to the same year.

7.6.As the above judgment became final and conclusive, the victim acquired pecuniary benefits equivalent to KRW 37.5 million.

2. In full view of the following circumstances revealed from the evidence duly adopted and investigated by this Court, it is difficult to deem that the Defendant deceptioned the court, and there is no other evidence to acknowledge it.

(1) The victim shall prepare and deliver to the defendant a written confirmation that contains his/her intent to transfer the shares in the instant case.

유사 판례

-부산지방법원 동부지원 2018.01.10 2017가단207583

-청주지방법원 제천지원 2018.06.07 2018고정22

-의정부지방법원 2016.08.12 2015가단126008

-춘천지방법원 2015.09.10 2015가단1072

-의정부지방법원 2019.09.19 2018가단134789