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(영문) 서울북부지방법원 2017.10.19 2017고단1589
사기
Text

The accused shall disclose the summary of the judgment of innocence.

Reasons

The Defendant was in office as a director of Gangnam-gu Seoul building, and a corporation E (hereinafter referred to as “E”) established for the purpose of real estate development, implementation, and sales in the third floor.

On July 2013, the Defendant is expected to construct large play facilities by purchasing land owned by our company from Es K (SK) Es (SK) Es (SK) Es (SK) Es (SK).

The purchase of the land means that there are many prices of the land, and it is possible to construct a house if the surrounding area is developed.

On July 30, 2013, the Defendant, at the E office, had an employee in the E office, sold E and Gangwon-do Crossing G (hereinafter “instant land”) of KRW 992 square meters (300 square meters) to E in the purchase price of KRW 30 million, and E shall deliver all documents necessary for the registration of transfer of ownership to F after the receipt of any balance, and shall cooperate in the registration procedure.

The term "the content of the transaction contract" was written and the F showed that the transaction contract was written.

F believe the Defendant’s horse, and concluded the above sales contract, and sent KRW 30 million on the same day ( KRW 100,000 per square year) as the purchase price.

However, the instant land is owned by H Co., Ltd. (hereinafter “H”), and E merely entered into a sales contract with H and “E on the condition that H transfer of the share in the instant land to both parties if the purchase price of KRW 20,000 won per square is deposited in H.”

The defendant received money from the F, without the intention to deposit the money to H, was thought to be used for the E employee's benefits and personal purposes.

In addition, the entire area of the instant land was 142,672 square meters, and it was difficult to divide and transfer ownership of 92 square meters among them.

Even if the Defendant received the purchase price, the Defendant did not have any intention or ability to transfer the ownership of 992 square meters of the instant land to F.

The defendant, by deceiving the victim F, obtained 30 million won by deceiving the victim F.

Judgment

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