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(영문) 인천지방법원 2020.01.21 2018고단7974

사기

Text

Defendant

A Imprisonment with prison labor for one year, for one year and six months, for Defendant B, and for one year, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to five years of imprisonment with prison labor for fraud at the Incheon District Court on March 16, 2017, and the judgment became final and conclusive on June 26, 2018. ② On April 10, 2019, the Seoul High Court sentenced three years of suspension of execution to one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the judgment became final and conclusive on April 18, 2019, and ③ on September 6, 2019, the Incheon District Court sentenced three years of suspension of execution to two years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Incheon District Court on September 17, 2019.

Defendant

B On August 29, 2018, the Daejeon District Court sentenced one year of suspension of the execution to six months of imprisonment for fraud, and the judgment was finalized on September 6, 2018. ② On April 10, 2019, the Seoul High Court sentenced three years of suspension of the execution to one year and six months of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud). < Amended by Act No. 1447, Apr. 18, 2019>

Defendant

C On March 16, 2017, the Incheon District Court sentenced 4 years of suspension of the execution to two years of imprisonment for fraud at the Incheon District Court. The judgment was finalized on June 26, 2018.

【Criminal Facts】

Defendant

A is the owner of "E" under construction in Nam-gu Incheon Metropolitan City D (hereinafter referred to as "the building in this case"), and Defendant B is the actual operator of the F in charge of the agreement to execute the new construction and sale of the building in this case with Defendant A, and Defendant C is the person who entered into a PM service contract with the F in charge of the agreement to sell the building in this case.

Defendant

A, around January 28, 2008, after entering into a sale management trust agreement with the Construction Bank Co., Ltd. (hereinafter referred to as "H") concerning the building in this case and the sale of the building in this case was suspended due to the discontinuance of construction works by the construction company around September 2010, A entered into an execution agency contract with the Construction Bank Finance Co., Ltd. and carried out the sale of the building in this case, even though the trust was no longer possible due to the discontinuance of construction works by the construction company, around September 30, 2013, Defendant B also knew that the trust was suspended at the time of entering into the execution agency contract.