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(영문) 청주지방법원 2016.10.28 2015노1494
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant committed three frauds as revealed in [specific fraud] against D (hereinafter “Appellant”) who is the motiveor of an elementary school by putting the Defendant into the following [exclusive facts] (Article 3(1) of the facts charged was added to the facts charged for the convenience of this year).

[Attachment-type facts] The Defendant purchased three parcels of land, including E, which are the sum of 4,962 square meters (hereinafter “instant land”) from the Cheongju-si, Cheongju-si, Cheongju-si, and entered into a trade agreement with the Defendant to block the unmanned telecom and divide into 5:5: On February 2011, the Defendant purchased the said land from Ha and entered into a mutual aid contract with Ha on December 3, 2011, and entered into a civil engineering contract with Ha around March 201, and entered into a mutual aid contract with Ha on December 3, 2012. The fact was that the Defendant was liable for loans worth KRW 670,000,000,000 in total at around that time, and the Defendant did not pay funds under the said trade agreement, but did not notify the fact that the Defendant did not have any circumstances to pay the funds under the said trade agreement, thereby deceiving the Defendant by deceptioning the Defendant of the purchase price and the construction cost.

【Specific Fraud】

1. The criminal defendant, through deception in relation to the purchase price of the instant land on or around February 201, intended to purchase the instant land at a place not lower than 375 million won, and the fact is that the complainant, despite having decided to purchase the instant land at a price of KRW 375 million, the complainant, stating to the effect that “I will purchase the land at KRW 500 million. As there is a shortage in cash, I will bear the remainder as soon as I will pay the inside money, and will pay a higher amount of the cost of civil construction works later, and then pay more than the cost of civil construction works.” Accordingly, the complainant, who received KRW 50 million from the complainant as the down payment, and thereafter, he/she received KRW 10 million from the complainant as the down payment, and thereafter, “10 million” has already been paid to the landowner.

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