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(영문) 수원지방법원 2018.03.29 2017고합520

특정경제범죄가중처벌등에관한법률위반(사기)

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a managing director of D) D, has overall control over the sales of officetels conducted by the said company in the Geman-si E in the Young-si Area E.

The Defendant, on May 2013, at the above D shop sales office, grants the victim H the exclusive right to operate the store 112 and the building 139 sold by the party at the enforcement private person G through the sales agency by a private person (ju) F employee G.

A false statement was made, and a written confirmation was issued to the victim to the effect that the statement was “as to the entries of the monopoly of the convenience store in the above commercial building 112 and 139,” which was named in the name of the F Director I.

Accordingly, on May 2, 2013, the victim entered into a sales contract with D and 112 square meters of the above commercial building, 76.22 square meters of the area for public use, 80.20 square meters of the contract area, 156.42 square meters of the land area, and 12.83 square meters of the land area to be sold in the amount of 1,463,720,500 square meters of the land at the same place on May 2, 2013, and remitted 148,880,000 won to the bank account in the name of the non-real estate trust (owner) in the same day.

Then, the Defendant, on December 6, 2013, entrusted the building and land of the said D shopping district with the D non-real estate trust (owner), concluded a contract on the D shopping district supply of real estate at KRW 1,465,45,400 for sale, and on December 6, 2013, the Defendant issued to the victim a letter of commitment under the name of D representative director J, and had the victim deliver it to the victim a letter of commitment under the name of D representative director J, and had the victim take part in the above 112 exclusive use area, 76.1 square meters, 80.76 square meters, 156.8 square meters, 14.8 square meters of the contracted area, 1,465,400 square meters of shares, and 14.8 square meters of real estate to be sold at KRW 1,465,45,400, 15.14, 2015, 15.45, 2014

However, in fact, the defendant agrees to give the victim the right to operate the convenience store, and the above commercial building No. 112.