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(영문) 서울중앙지방법원 2014.09.30 2013고단6456

사기

Text

Defendant

A Imprisonment with prison labor for a year and two months, and for a defendant B, for a year and six months, respectively.

Reasons

Punishment of the crime

Defendant

A is the representative director of G, who is the executor of a housing construction project, and Defendant B is the director of the above G, who was sentenced to two years of imprisonment by the Seoul Central District Court on July 23, 2013 due to the charge of forging official documents and decided on May 31, 2014.

The Defendants, from around 2003 to around 4,600, promoted housing construction projects with a scale of 380 households by constructing and selling apartment houses from the project site in the Dongjak-gu Seoul Metropolitan Government H Department. However, in order to normally promote the above projects, the Ministry of National Defense, which had been using the above state-owned land, had to secure the ownership of part of the state-owned land in the vicinity of the project site, but it is unclear whether the above state-owned land can acquire the ownership of the above state-owned land, such as revealing the position that the above state-owned land could not be incorporated into the project site on the ground that it is

On the other hand, the Defendants, on the ground that part of state-owned land around January 2006 should be included in the project site, was rejected from a financial institution and became unable to secure a site, and subsequently, the Defendants recruited members by receiving approximately KRW 380 from around 440 to around 2007 the subscription fee of KRW 30 million from March 2006 to around 2007.

As such, in the process of promoting a housing construction project, the Defendants were liable to lend money to another person to obtain a consent to land use at least 80% of the site for the project necessary for authorization for the establishment of a housing construction project, while the Defendants did not have the intent or ability to repay the money from another person without any special revenue or property. As can be seen, if the ownership of the said state-owned land is unclear and it is difficult to secure ownership, the said project is normally impossible to implement the project.