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(영문) 서울중앙지방법원 2014.02.10 2013고합299
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecution of this case is dismissed.

Reasons

1. The facts charged of this case (E) E (hereinafter “E”) prevents the payment of the construction cost to be paid to the victim F due to the default. On October 27, 2004, 17 households from among 19 households of Yongsan-gu Seoul Metropolitan Government G apartment complex, the preservation of ownership was completed under the name of E on October 27, 2004, shall be sold to the victim and H in total at KRW 7.2 billion, but the down payment shall be replaced by the construction cost of the victim with E at KRW 850 million, the victim, etc. shall pay the intermediate payment at KRW 150 million, the remainder of KRW 350 million, and KRW 560,000,000,000,000 in total, including provisional disposition, provisional disposition, and collateral security, etc. for the above apartment complex, and E entered into a sales contract with the victim, etc. to resell the said apartment company, and the victim, etc. shall transfer it directly to the third party.

On November 2, 2004, the above apartment 17 households registered the right to claim the transfer of ownership on the ground of the promise to trade in H name.

The defendant, around May 1, 2006, at the International Certified Judicial Scriveners's office located in Seodaemun-gu Seoul, Seoul, sold ten households (101, 102, 103, 201, 202, 203, 301, 303, 303, 401, and 403, hereinafter "the apartment of this case") among the aforesaid 17 households owned by the victim, to KRW 5.2 billion. The defendant shall pay the victim the down payment amount of KRW 390 million to the victim until the date of the contract, the intermediate payment of KRW 310 million is paid until May 17, 2006, and the sales contract shall be separately paid for expenses incidental to the above purchase price, and the victim and the defendant shall separately pay KRW 300 million,00,000,000,000,000,000 to the part payment and payment of the land of this case, which are owned by the victim and the defendant.

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