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(영문) 서울중앙지방법원 2018.11.07 2018고단4013

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[Criminal record] On June 11, 2014, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of probation at the Seoul Central District Court, and the above judgment became final and conclusive on October 29, 2015.

[2018 Highest 4013] The defendant is the representative director of corporation B, the purpose of which is real estate enforcement business.

On July 17, 2012, the Defendant is expected to construct a D main apartment in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Metropolitan City. In the B office located in the west-gu BU on July 17, 2012, to the victim BV.

In the state, it stated that the right to sell the apartment complex by proxy for the apartment complex was changed to KRW 200 million.

However, in fact, the Defendant was unable to pay the land price to the Korea Land and Housing Corporation, which is the owner of a multi-family apartment site on November 16, 201, because the land sales contract with the Korea Land and Housing Corporation was cancelled on November 16, 2011, and thus it was impossible to grant the construction permit. In addition, in order to recover the above sales contract or purchase it again, the Defendant paid to the Korea Land and Housing Corporation the amount exceeding KRW 5 billion due to the delayed payment, etc.

Along with the fact that there was no capacity to raise funds as much as it had been available, and there was no intention or ability to reduce the right to sell in lots, even if the model house construction was delayed due to the failure to prepare approximately KRW 1.6 billion of the model house construction fund for sale, and the deposit is granted from the injured party.

The Defendant, as such, by deceiving the victim, received one copy of the check (BX) from the victim himself/herself at the same place on the same day from the victim, and acquired by transfer KRW 30 million to the post office deposit account in the name of the Co., Ltd. around August 2012.

[2018 Highest 4169 [Attachment 4169] The Defendant is a person operating B (hereinafter “B”) a real estate implementing company, and B entered into a contract from the Korea Land and Housing Corporation in around 2007 to purchase “Saeong-gu, Seocheon-gu, Seocheon-gu C Site,” and a complex apartment is D in the above site.