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(영문) 서울남부지방법원 2017.01.12 2016고단1385

사기

Text

Defendant

A Imprisonment with prison labor for one year, and for two years and six months, respectively.

Defendants respectively, and the applicant for compensation.

Reasons

Punishment of the crime

Defendant

A was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on July 19, 2012 and two years of suspended execution, and the above judgment became final and conclusive on October 25, 2012. On April 24, 2013, upon being sentenced to five months of imprisonment at the Gwangju District Court, the said judgment became final and conclusive on July 11, 2013; on June 18, 2014, the Seoul Southern District Court sentenced six months of imprisonment for fraud; and on June 25, 2014, the said judgment became final and conclusive on June 25, 2014; Defendant B was sentenced to two years and six months of suspended execution at the Seoul Southern District Court on December 7, 2015 and was sentenced to two years and six months of imprisonment at the Seoul Southern District Court on August 29, 2016.

Defendant A is the H representative director of the company implementing Gtel in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B is the 1st substantial representative of the company executing the above officetels.

1. The Defendants’ joint crime, the above Gtel land and buildings were completed under the name of the Korea Asset Trust Co., Ltd. on February 19, 2008, and the sale price should be deposited into the account of the Korea Asset Trust Co., Ltd. and the sale price should be reported to the fact of sale under the “Agreement on Business and Agency Affairs”. However, even if the said Gtel land and buildings were to be sold in the above H, there was no authority to sell the said officetel individually, since the executor or the Si Co., Ltd. received money from the victims as the sale price of the above part of the officetel, and there was no other authority to provide the above part of the officetel as security.

Nevertheless, the Defendants conspired to sell an officetel to the victims and collected money as the price for the sale of the officetel from the victims to use it as the price for construction.

A. The Defendants’ fraud against the victim E is ambiguous as above, and Defendant A, around January 16, 2010, entered into a sales contract with the said Gtel 610 at the HH office located in the third floor of the Seocho-gu Seoul Metropolitan Government J Building.