특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for three years.
Punishment of the crime
"2017 High 291" / [Presumption Facts] The Defendant is a real estate development company B (hereinafter "B")’s auditor, a real estate development company, who actually operates the company.
On March 20, 2015, the Defendant entered into a contract with the following terms: (a) on March 20, 2015, at a restaurant located in the vicinity of the Suwon-si Station of Gyeonggiwon, the Defendant entered into a contract with the victim C to pay the sum of KRW 1.2 billion (the sum of the purchase price for land and business rights, the victim’s construction cost and expected profits (the sum of KRW 750,000,000,000,000,000) for the ownership of the land and the construction permit for E apartment (E apartment) under construction on the land above, and the apartment under construction on the land above (hereinafter referred to as “E apartment”); and (b) completed the E apartment by September 30, 2015; and (c) completed the construction on the land and business rights, the victim’s construction cost and anticipated profits.
On March 20, 2015, the Defendant and the victim agreed to pay KRW 1.2 billion to the victim after completion of the apartment building at the time of completion, but the Defendant requested reduction on September 9, 2015 on the ground that the expected profit was set too high, and the victim accepted it and changed the amount to KRW 750 million.
However, in order to prevent B from disposing of the ownership of D land to a third party, the construction work was conducted under the trust with FF Co., Ltd. (hereinafter “F”).
In accordance with the above contract, the victim transferred the ownership of D land to B on April 23, 2015, and the defendant entrusted the ownership of D land to F on June 25, 2015, and the defendant established the priority interest right of KRW 1.2 billion in the name of the victim (amended by KRW 750 million on September 17, 2015), and issued the certificate of priority interest.
As the content of the contract between the defendant and the victim changed, the victim's preferential profit right amount was also changed from 1.2 billion won to 75 billion won on September 17, 2015 at the time of the trust on June 25, 2015.
[Criminal facts] The Defendant is in the Pyeongtaek-gun G of Gangwon-do on November 4, 2015.