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(영문) 수원지방법원 안양지원 2013.06.25 2013고단292
사기
Text

The defendant dismissed the application for compensation of this case not guilty.

Reasons

1. The summary of the facts charged is the person who served as the head of the planning real estate enterprise (ju) team in Gangnam-gu Seoul Metropolitan Government Ftel 404 from November 14, 2006 to February 8, 201.

On March 16, 2010, the Defendant made a false statement to the victim E to the effect that “The price of the land at this time is lower than the market price of the land at Cheongcheon-do, Gangwon-do, in dividing and selling the H land at this time, and if the land is purchased as a result of a road development plan in the vicinity, it can be seen as 2 and 3 times profits. The mother and child’s money was paid by an internal return, and then the amount of the substitute payment paid later is changed.”

However, at the time, the Defendant, as the team leader of the above company, sold land located in Chuncheon City to I, J, K, etc. in 2009, and had not been able to register the ownership of the land to the land purchaser. Since the financial situation of the above company was known that the above company has deteriorated, such as monthly payment for three months and the prize money related to the sale of land was not paid partially by the above company, etc., even if the victim sold 571 square meters of the above company, the Defendant lent 30 million won to the representative M on March 12, 2010 without the intent or ability of the victim to register the ownership transfer, but it was anticipated that it was difficult to collect the above loan from M, and it was predicted that it was difficult to recover the above loan from M. The Defendant first paid 30 million won and the part of the purchase price to be paid by the victim by the Defendant by offsetting, and recommended the victim to purchase the land to collect the above M by receiving the money directly paid from the victim.

The Defendant, by deceiving the victim, had the victim purchase the said land, received KRW 37,675,00 in total from April 1, 2010 to October 29, 201, for the repayment of the land price, from the victim.

2. The facts charged of the instant case are assessed against the victim.

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