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(영문) 수원지방법원 성남지원 2014.01.23 2013고단820
사기
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On July 14, 2006, the Defendant related to the purchase and sale of the site right to the land on the ground of C building stated to the effect that “The Defendant entered into a sale contract of the site and received 300,000,000,000 won as the down payment from the victim around November 15, 2006 as the intermediate payment of KRW 1,00,000 as the intermediate payment of KRW 10,000,000 from the victim’s private office located in Seongbuk-gu, Seongbuk-gu, Seoul, and the other share is delegated to purchase and sell the land on the ground, and if the purchase and sale of the remaining share is delegated by H, the right holder of the land at the end of 10,00,000,000 won as the site right to the land on the ground, the remainder of KRW 30,000,000,000,000 as the remainder payment around October 10, 2006; and

However, in fact, ① the share of the C building site held by the Defendant after May 3, 2006 was limited to 5.569/702.6, and even if it was done on September 29, 2006, before the intermediate payment was received, the mortgage was established on September 29, 2006, the maximum debt amount of 240,000,000 won. ② On April 20, 2006, H entered into a delegation contract on the purchase and sale of the ownership of the building site with H around May 20, 2006, the Defendant sold the ownership of 70,000,000 won by selling the ownership of H until around May 3, 206, but the delegation contract was implicitly terminated due to conflict arising from the implementation of the contract with 400,000,000 won or more, ③ even if the price that the Defendant received from the victim was scheduled to be used individually due to the operation fund of the real estate investment company operated by the Defendant, the ownership would have no real value.

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