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(영문) 대전지방법원 2014.03.28 2013고단4903
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that even if the Defendant becomes a party to a contract to purchase six parcels, such as Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and caused the victim C to pay the down payment, the Defendant did not have any intent and ability to pay the balance by borrowing the land as collateral, changing the purchaser’s name at the remaining time of the payment, and making the land difficult to pay the balance. The Defendant did not have any experience in the construction project of apartment houses

On October 2010, 2010, the Defendant, as a new cooperative auditor at the Hamsan-gun, Chungcheongnamsan-gun, Chungcheongnamnam-gun (hereinafter referred to as "Seoul-gun") and had the victim gain high profits from the construction of apartment lots on November 11, 2010, by having the victim receive 1,200,000 won a fair market price at KRW 1,20,000,000,000 from the purchase of the land. On the other hand, if 180,000,000 won as the down payment, the contract is concluded, and the remaining money can be used as a security by changing the purchaser's name and borrowing the land.The construction cost is personal for the Si Corporation, and it is possible to obtain high profits from the construction of apartment lots as the site for the construction of apartment lots." On the other hand, the Defendant received 18,000,000 won as the down payment from the victim to the seller's new account in his/her name and transferred it to the seller's account.

2. The Defendant consistently asserts that, since the investigative agency and the court, there was no intention to acquire money by deception because the subject of the payment of balance and the selection of the contractor are not himself/herself, and there was no intention to obtain money.

The evidence that seems to correspond to the facts charged is “each of the investigation agencies and court statements of the CG,” and it is difficult to believe all of the following circumstances according to the record and the legal attitude of the CG, and evidence to acknowledge the facts charged otherwise.

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