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(영문) 서울중앙지방법원 2014.07.23 2014고단2840

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

B From January 8, 2002 to September 23, 2003, a person who was engaged in housing construction (execution) business, etc. as the chairperson of E (hereinafter referred to as “E”) established for the purpose of housing construction (execution) business, etc. from the date of departure from the country of Ghana, and the defendant is the president of E. The defendant is the person who was working for the president of E. The defendant and B are the vice president, and the defendant and B are the vice president, and operate E with the funds registered as the above representative director from July 12, 2002.

Around December 27, 2002, the Defendant and B, and F had the victim DE at the office 5th floor E of the H building in Gangnam-gu Seoul Metropolitan Government: “In the case of Gyeonggi-si, the housing association is scheduled to recruit 400 households among 400 households of the apartment association and 100 households of the apartment on 28 lots, and to open and sell a model house around April 5, 2003, and the land in the business location was purchased 90% and entered into a contract for the construction with BO and the contractor in the state of purchasing 90% of the land in the business location. It is well known that the housing association will be responsible for the related part of the business progress, and it is possible to explain the contents of the apartment and prepare documents with the thickness that the contract is prepared to receive 25 million won and KRW 30 million of the down payment including the business promotion expenses of KRW 500,000,000.”

However, in fact, the defendant, B, and F did not have been granted the right to sell the apartment, and the land necessary for the new apartment construction project was not purchased by the competent authorities, and there was no approval from the competent authorities, and there was no reason to obtain the approval from the competent authorities, and since there was a need for funds to continue to return the existing debt amount equivalent to the KRW 100 billion borrowed to use for the purchase fund of the land and the company operation fund, there was no intention or ability to sell the apartment even if he receives the sale price from the victim.