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(영문) 대구지방법원 서부지원 2017.12.13 2017고단144
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person who employs business employees, etc. in Daegu-gu D and operates a real estate selling company under the trade name of E Co., Ltd.

On April 13, 2016, the Defendant entered into a contract with the victim H through F and G, who is an employee belonging to the E office, to sell 250 square meters of forest land in South-gu I at the port of port to 80 million won, and received 78,40,000 won as the purchase price.

On April 18, 2016, the Defendant explained through F and G to the effect that “The J land is located in the vicinity of the K reservoir instead of the above I land,” “The K reservoir is a larger reservoir that can be displayed on the map, and the neighboring park will be developed as a river. On that occasion, construction of a coffee shop or electric house should be allowed.” The L tour area is being developed around the coffee shop or electric house, and it is clear that the forest will be sold off off, and that if the forest is sold in lots, it would be clear that it will be sold off off, and later, it will be purchased promptly.” After entering into an agreement to sell 1983/5307 of the shares of the above forest to the victim at KRW 150,000,000,0000,000 won received in advance from the injured party, and then transferred the forest as part of the purchase price of the above J forest as part of the purchase price, and the next day, one million won.

However, in fact, the Defendant purchased the instant forest land from the Jeonju to the Jeonju, and the individual publication price of the said forest is 5,544 won per square year. The most of the instant forest land is a preserved mountainous district, and it is impossible for the Defendant to divert it for any other purpose except for the purpose of installing national defense installations, national land preservation facilities, roads, railroads, and public facilities pursuant to the Mountainous Districts Management Act, and most of the construction of the said forest is restricted in addition to the construction of the housing under strict conditions, and there was no development plan of the relevant authorities.

Accordingly, the defendant deceivings the victim, thereby deceiving 88.4 million won from the victim.

2. Determination:

A. The burden of proving the facts charged in a criminal trial shall be the burden of proof.

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