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(영문) 서울중앙지방법원 2015.09.24 2015고합396

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. Before March 16, 2012, Defendants A and Defendant A were sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for fraud, etc. at the Seoul East Eastern District Court on March 16, 2012, and the judgment was finalized on March 24, 2012. On May 15, 2014, the Seoul High Court sentenced the two years of imprisonment with prison labor for some of the crimes of fraud, and three years of imprisonment with prison labor for the remainder of the crimes of fraud, etc., and the judgment became final and conclusive on October

Defendant

B On January 7, 2014, the Seoul Central District Court was sentenced to six months of imprisonment for fraud and two years of suspended execution, and the judgment was finalized on March 24, 2014, and on May 15, 2014, the Seoul High Court was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and five years of suspended execution, and the judgment became final and conclusive on May 23, 2014.

2. From March 2008, Defendant A (a) took overall charge of the business affairs of the company as the actual representative of G Co., Ltd. (hereinafter “G”) from around the real estate development business entity from around March 2008, and (b) carried out the business affairs of constructing and selling a new main complex building with approximately 13,498 square meters underground and 35 square meters above the ground level (hereinafter “H business”).

Defendant

Defendant B, a partner of A, was the representative director of I Co., Ltd. (hereinafter referred to as “I”), and was in general in charge of the business affairs of the company, and entered into a contract for vicarious sale of G and H businesses around May 2008.

3. A concrete criminal facts, around June 2009, Defendant B, at G and I’s joint office room in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government Jongno-gu J. 712, saying, “A military construction companies, including Hyundai Construction, have invested KRW 5 billion, obtained consent of the owners of lands necessary for H projects at least 97%, obtained consent of the owners of lands necessary for H projects, and as a result, military construction companies, such as Hyundai Construction, are competing to participate in the construction project, and can obtain PF loans from financial institutions.” This was delivered via L to the victim M on November 209.

Defendants around that time H. H. from the victim.