(영문) 춘천지방법원 영월지원 2014.10.10 2014고단105

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(영문) 춘천지방법원 영월지원 2014.10.10 2014고단105

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged stated that the Defendant is the owner of KRW 1,059 square meters of land D in Gangwon-do (former E; hereinafter “instant land”). Around May 28, 2009, at the G office located in Pyeongtaek-gun, Gangwon-gu, Seoul Special Metropolitan City, the Defendant presented a provisional partition to the victim H who seeks to purchase the land to build a house for aging, and that “The part on which existing roads are included as a road, so it is possible to pass a house by allowing a vehicle to pass.”

However, in fact, the part included in the above provisional partition was indicated not on the part of the existing road, but on the other hand on the part of the existing road, and there was no reason to newly construct the existing road, and the defendant did not have the intent or ability to newly construct the new road as above, and eventually, the land in this case was not on the part of the blind who is impossible to pass the vehicle.

Around June 1, 2009, the Defendant entered into a contract with the victim to sell the instant land in KRW 38.4 million and received KRW 3.5 million on the same day, and KRW 38.4 million on July 13, 2009, including KRW 34.9 million around July 13, 2009.

Accordingly, the defendant was given property by deceiving the victim.

2. The defendant and his defense counsel asserted that there was no fact that the defendant deceptioned the victim as "road existing as a road on which a provisional partition is marked".

Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined in this Court, it is difficult to view that the evidence submitted by the prosecutor alone, even if the defendant was not liable for the non-performance of the duty to open a road, deceiving the victim as “road on which the existing road was marked by a provisional partition,” without any reasonable doubt.

① The introduction of the instant land to H is a fraudulent act by H, working in G that prepared a provisional partition.

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