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(영문) 서울중앙지방법원 2017.01.12 2016노3308
사기
Text

The judgment below

The defendant's case against the defendant C is reversed.

Defendant

C A person shall be punished by imprisonment for one year.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of the fact (referring to each fraud in 2014 high group of 5322) (A) Defendant shared around November 201 with AC and carried out a purchase business of unsold apartment units in lots (this refers to a business that purchases an unregistered apartment unit at a price of 40% to 50% discounted by 100 households at a price of 40% to 60% discount by 60% from the market price, and sells it at a price of 60% to 70% discount by the market price).

The defendant is responsible for collecting information on the purchase of unregistered apartment units in lots, physical color of asset securitization company holding unregistered apartment units in lots, resale of unsold apartment units in lots, and the role of raising funds was entrusted by AC.

The defendant agreed on the regular business of AE, a person in charge of AJ credit cooperatives, to purchase unsold apartment units, and collected information on the asset securitization company that owned unsold apartment units after entrusting AD to purchase.

When the defendant prepared only to prove balance, at any time, entered into a contract for purchase of unsold apartment units with the asset securitization company that owns the unsold apartment units, and concluded a contract for resale of such apartment units to the AJ Credit Cooperative.

Accordingly, the defendant was trying to obtain the certificate of balance, but failed, and the above business was eventually omitted.

Therefore, there was no intention to commit fraud against the victim K, N, and J.

(B) As to each fraud against the victim K on December 2, 201 and around April 6, 2012, with respect to each fraud, the Defendant did not deceiving K on the above business on December 201, 201, and did not receive KRW 50 million from K by deceiving K, and there was no fact that, around April 6, 2012, the Defendant, “if the Defendant additionally lent KRW 70 million, he would make it an additional purchase price with M apartment.”

The above KRW 50 million was lent by AC from K to the defendant who is not aware of the circumstances of the loan, and the above KRW 70 million was offered by K in the course of preparing a balance certificate through AK, and K in the course of preparing a balance certificate, it is necessary for K to provide the defendant with the necessary money to certify balance.

I have prepared for themselves.

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