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(영문) 광주지방법원 2018.06.08 2017고단4777
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the Chairperson of the Seoul Reconstruction Association's rearrangement project service business chain (ju), and the victim E is the representative director of the F of the Real Estate Development Business chain (ju).

On May 12, 2014, the Defendant made a false statement to the effect that “(State) D office located on the first floor below the Seoul Seocho-gu Seoul Metropolitan Government G Building,” “(State) D has the right to sell an apartment house with an intention to assist the victim to construct the fixed time construction of the re-building line and to select Samsung C&T products, and to delegate the right to sell the apartment to F, and deposit the sale deposit amount of KRW 150 million with the deposit amount of KRW 150 million.”

However, the defendant did not have any intention or ability to delegate the right to sell apartment units to the general apartment units, even if he received the deposit of KRW 150 million from the injured party, because the defendant did not have received the general right to sell apartment units at the above reconstruction site.

Around May 12, 2014, the Defendant, by deceiving the victim as such, received money from the victim and acquired money from the victim to the post office account of 20 million won which is a legal entity of D, and 130 million won which is around May 14, 2014 to the same account as the same around May 14, 2014.

2. The testimony of E by the witness who seems to correspond to the facts charged in the instant case is difficult to believe in light of the following circumstances acknowledged by the record, and other evidence submitted by the prosecutor alone is insufficient to recognize the facts charged, and there is no other evidence to acknowledge it.

① On May 12, 2014, a sales agency contract entered into between D and F and D in the Dispute Resolution Co., Ltd. shall be prepared and entered into in writing, and Article 1(2) of the Act provides that “A sales agency contract shall be entered into with the authority of a maintenance company to execute a sales agency contract with D and this authority of the maintenance company.”

On the other hand, Article 6 (2) provides that "the right of sale of D and this contract shall be confirmed or confirmed by the Corporation (T&T) after the approval of the project is granted by the Corporation and the confirmation or confirmation shall be affixed to D after the approval of the project."

“” and Article 9(2).

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