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(영문) 서울서부지방법원 2013.09.10 2012고단2406
사기
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Around July 6, 2007, the summary of the facts charged, Defendant 1 introduced the land and housing of Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government G and the victim F to the victim F at the location of E-real estate operated by the Defendant in Mapo-gu, Seoul, and made a false statement to the effect that “I purchase the said goods with 300 million won and divide them according to the investment ratio by selling them.”

However, even if the defendant received investment money from the victim, he did not intend to pay the principal or profits to the victim.

Nevertheless, the defendant deceiving the victim and received two million won under the pretext of brokerage commission for the above real estate on the 12th of the same month from the victim. On the 13th of the same month, the defendant was transferred to a new bank account under the name of the defendant as a sales contract for the above real estate on the 14 million won, and received 10 million won under the pretext of part payments on the 13th of the same month.

8. 16. Receipt of remittance of 20 million won as part payments to the above account;

9. 10. The cashier’s checks issued 12.5 million won in the name of the balance, and the 3.8.55 million won in the above account was transferred to the above account as construction cost for the above real estate on the 13th of the same month and acquired them by deception.

2. The evidence submitted by the prosecution, such as the witness F’s testimony, the police statement about F’s statement, and the details of each transaction, which seems to correspond to the facts charged in the instant case, is difficult to recognize the said facts charged.

Rather, as recognized by each of the above evidence and the record following the commission of delivery of documents, ① The facts charged of this case was paid 60,2350,000 won in total as the investment cost of G site and housing (hereinafter “G land”) on the basis of the facts raised by F, and the amount to be invested by the Defendant and H in G land is KRW 15,000,000,000 won, and F’s investment shares are 1/4.

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