특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. The summary of the facts charged in this case is as follows.
Since April 2010, the Defendant was a person who started the real estate investment and auction business, and was found to be aware of the fact that the minimum sale price has lowered by up to 21% of the appraisal price due to the fact that the auction was being conducted on the website of the Supreme Court on November 2010, when investing in the auction building where the lien was established, the return rate is high and the goods to be invested are found to be invested.
Meanwhile, in the D Commercial Building, victims E Co., Ltd. (Representative F) and victims G Co., Ltd. (Representative H) exercise the right of retention in order to secure the claim for the construction cost against D Co., Ltd. (Representative J), the victims are transferred the ownership of part of the commercial building from D Co., Ltd. I to acquire the transfer of ownership and cancellation of senior provisional seizure established in each land share transfer and commercial building, but the victims failed to perform all of the above arrangements in I. Therefore, the victims were exercising the right of retention by possessing the entire commercial building in order to secure the claim for the construction cost against I.
Therefore, the defendant acquired the claim for construction price and the right of retention from the victims, and won a successful bid for D's shops, and received a loan equivalent to the sales price as security, and acquired the ownership of D's shops.
On December 2, 2010, if the accused party wishes to obtain the above D's bid from the defendant's office located in Young-gu K in Suwon-gu, Suwon-si, the defendant should prepare the proceeds from the sale by creating a mortgage on the above building.
However, since the right of retention is established due to the price of construction work D, it is not easy to establish a mortgage, so if the right of retention is transferred, the proceeds of the sale will be paid by establishing a mortgage.
Until one year after the payment of the sale price, D commercial buildings have been leased and sold to create profits.