(영문) 수원지방법원 2015.07.23 2014고단1366

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(영문) 수원지방법원 2015.07.23 2014고단1366

사기

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

Reasons

1. The Defendant: (a) around April 13, 2007, the facts charged in the instant case committed as if he had a complete right to sell the land to the victim F in the E-real estate located in Yeongdeungpo-gu, Suwon-gu, Suwon-si, with the right to sell the land to the residents of Young-gu; and (b) subsequently applied for a sale in the future, and the ownership can be transferred when the housing site is won. The Defendant stated that the right to sell the land is a KRW 180 million.”

However, the actual right holder of the right to sell the housing site of the migrants held by the Defendant is H, and the Defendant, a real estate real estate real estate real estate agent, was invested in the sale of the housing site of the said migrants with cash of KRW 280 million and KRW 520 million on the condition that he/she repaid KRW 520 million from H by the end of June 2007 by the end of June, 2007. Thus, if it is impossible to pay KRW 520 million to H by the end of June 2007, the Defendant could not be transferred a complete right to the right to sell the housing site of the said migrants, but the Defendant did not explain such circumstances to the victim.

In addition, since the sales business of the same shopping district was already in progress by the defendant without his own capital on April 2007, it was impossible to obtain all the expected profits from the sales of the same shopping district, and there was no other property and there was no other ability or intent to obtain full rights to the sales right by delivering KRW 520 million to H from the end of June 2007 to the end of June 2007.

Nevertheless, as above, the Defendant belongs to the victim, and the victim was given KRW 180,000,000 as the sales price of the above sales right in the same place.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

2. Determination

A. Whether fraud is established through the defraudation of money must be determined at the time of issuance of that money.

B. The amount of two years and six months after the end of June 2007, which was agreed between I and H, was returned to the instant case.

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