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(영문) 서울서부지방법원 2014.10.14 2013고단1382
사기
Text

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

Reasons

1. The summary of the facts charged is that the Defendant was in charge of the sale of the building in Eunpyeong-gu Seoul Building as the head of the sales office. In selling the building in lots at the G Licensed Real Estate Office located in the F Licensed Real Estate Agent Office on February 24, 2011 to the victim H and I, the victim H, and I, in selling the building in lots, 401, and 301, the above E-building, despite being aware of the establishment of the maximum debt amount of 1.7.4 billion won, the Defendant, despite being informed of the establishment of the right to collateral security at the above E-building, is deceiving the copy of the register before the establishment of the right to collateral security by stating that the mortgage is no collateral from the above H., and then, in this context, the Defendant, upon entering into a sales contract with the above victims of the purchase price of 170 million

2. Determination

A. In a criminal trial of related legal principles, the conviction should be based on evidence with probative value, which makes it possible for a judge to have the truth that the facts charged are true, beyond a reasonable doubt. Thus, if there is no such evidence, even if there is doubt of guilt against the defendant, it is inevitable to determine it as the benefit of the defendant (see Supreme Court Decision 94Do3309, Apr. 12, 1996). Furthermore, even if the facts acknowledged in a judgment of a civil case related to a criminal trial are valuable evidence to prove the facts charged, it is not necessarily bound by the confirmation of the civil judgment.

(See Supreme Court Decision 95Do192 delivered on August 23, 1996)

B. The facts of recognition 1) On February 24, 201, the victim H entered into a sales contract with K to determine the purchase price of KRW 120,000,000,000,000,000,000,000 for L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based L-based, the victim H entered into the sales contract with K on April 11, 2011, with the remainder of KRW 80,000 on May 20, 201. 2) the victim I also represented by the Justice on February 24, 2011.

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