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(영문) 수원지방법원 2019.07.18 2018고합185
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

The summary of the facts charged is that the Defendant: (a) was a person who actually operated Company B; (b) around November 4, 2014, the Defendant purchased the purchase price of KRW 1,250,000,000,000,0000 for the purchase price of KRW 342,000,000; and (c) the remainder of KRW 98,000,000,000,000 for the remainder of KRW 3,45,000,000,000; and (d) the remainder of KRW 563,00,000,000,000 shall be paid until November 24, 2014; and (e) the Defendant concluded a real estate sales contract with the victim to succeed to the financial obligation equivalent to the amount of the establishment of the right to collateral security established on the instant real estate by November 30, 2014; and (e) concluded the real estate sales contract with the victim for the purchase of the real estate in lieu.

However, in fact, the Defendant paid down payment 342 million won to other persons, and the unpaid balance was merely with a vague idea of being repaid by operating the KIKO of the instant real estate, and even if the ownership of the instant real estate was transferred, there was no intention or ability to pay the balance.

On November 11, 2014, the Defendant: (a) by deceiving the victim; (b) obtained the registration of ownership transfer of the instant real estate under the name of the Plaintiff Company B; and (c) acquired the remainder of KRW 98 billion; and (d) acquired the KIKO facilities and business rights of the instant real estate on January 30, 2015; and (b) acquired the value of the instant real estate by taking over such facilities and business rights; and (c) acquired such facilities and business rights.

Judgment

Facts of recognition

According to the records, the following facts are recognized.

The victim is a person who has been engaged in the construction business, which is recommended by H to set up and operate the business in around 2012, and to respond to this.

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