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(영문) 서울중앙지방법원 2018.01.11 2016고단4019
사기
Text

The defendant shall be innocent.

Reasons

1. On March 9, 2013, the Defendant, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government H, paid intermediate payments to the victim I/J by entering into a contract to purchase the real estate located in the Foundation L (hereinafter “the Foundation”) at a low price of KRW 30 billion at the market price owned by the Foundation L (hereinafter “the Foundation”), and received the permission of the Office of Education and the final judgment.

The remainder of KRW 2.7 billion can be paid upon registration, and the person who will purchase the remaining amount of KRW 30 billion is also determined.

“The remainder is to be invested,” and if one bears 600 million won among them, 50% of the earnings will be added to the principal within three months and will be returned together with the principal.

In short, the term “investment contract” indicates the draft “investment contract” as of March 8, 2013, stating such purport, as follows:

The parties to a contract - - 5 persons, such as the defendant, victims I, and J - : N: C/C: - The investment person shall invest KRW 2.7 billion in the K representative, and B shall return the principal amount of KRW 2.75 million in the investment by June 30, 2013 - B shall transfer the management right of the foundation corporation to A without compensation before the above deadline and at the same time transfer of the ownership of the land owned by the foundation by the judgment, and at the same time, the first draft of the investment contract shall be arbitrarily written documents prepared by the defendant, the representative of K and the owner of the real property, etc., and the defendant shall return the real property within three months after he/she has acquired the real property in the name of the owner or the owner of the above N/O.

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