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(영문) 춘천지방법원 2015.01.15 2013고단92
사기
Text

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

Reasons

Public Prosecutor's Office

1. Fraud against the victim G;

A. On February 4, 2010, the Defendant: (a) around February 2, 2010, the Defendant purchased KRW 3540 square meters from the Hongcheon-gun, Hongcheon-gun, Hongcheon-gun; (b) purchased KRW 100 million from the victim G at the victim G’s office located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun; and (c) given the remainder to KRW 30 million in advance as the down payment; and (d) after the opening of the access road, the Defendant did not secure the access road by May 30, 2010, the Defendant reversed the contract and made a false statement to the effect that the said land is returned for construction, civil engineering, and permission.”

However, the Defendant: (a) received the registration of ownership transfer of the above land from the victim first; (b) completed the so-called “business contract” with the sale price of KRW 300 million; (c) obtained loans equivalent to KRW 180 million with the above land as security; (d) at that time, the Defendant thought to use the above land for opening business funds, operating expenses, etc.; and (e) did not perform construction and civil engineering design, the Defendant did not have any intent or ability to pay the balance of the remaining land even if he/she received the ownership transfer from the victim.

As above, the Defendant made a false statement and acquired the registration of ownership transfer of the above land from the victim on April of the same year.

B. On June 3, 2010, the Defendant concluded on June 3, 2010, that “Around June 3, 2010, the Defendant made a false statement to the victim G at the office of the Defendant of the L Building in Hongcheon-gun, Hongcheon-gun, the Defendant would pay the principal within one year if he/she borrowed money to the Plaintiff G to construct an celebroid, including a golf course near the domestic celebrat celebrat celebrat celebrat celebrat celebrat celebrat celebrat celebrat celebre

However, in fact, the Defendant did not obtain relevant authorizations for theme park near the above tide movement, and the construction was not conducted at all due to the lack of a site purchase.

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