beta
(영문) 서울서부지방법원 2017.10.11 2017고단1590

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

However, between two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants of the premise facts are a building business entity who entered into a construction contract for the construction of a neighboring residential house on the land of Eunpyeong-gu Seoul in the name of Eunpyeong-gu in Seoul, and G (which is currently under investigation) is a person who trades real estate-related rights.

The Defendants performed the neighboring residential housing construction project according to the above construction contract, but failed to receive the construction cost from D, and there was a fact that Defendant A completed the registration of ownership preservation on the building completed on the above land as a security for the construction cost.

As the Defendants were placed in the situation of application for voluntary auction against the above land and buildings because they failed to repay the money borrowed from the Jeju Fisheries Cooperatives, they were able to resolve the above problem with the introduction of D while considering how to recover the construction price. G was to take the part of the prospective lessee because it is possible to recover the construction price by means of making a false lease agreement and applying for dividend to the auction court after drawing up a false lease agreement.

“The Defendants’ consent was obtained by stating to the purport that the Defendants were “.”

Criminal facts

1. According to the foregoing mother, Defendant A and G leased the Defendant’s seal to G for the purpose of recruiting the Defendant to serve as a false lessee and allowing the Defendant to use it to prepare a lease agreement. On March 18, 2015, G leased the Defendant’s six-story of the Eunpyeong-gu Seoul Metropolitan Government F building to H on March 18, 2015.

“After drawing up a lease agreement, “The same appearance was made that the lease agreement was made by depositing KRW 25 million into the account of H and making the same appearance as that of the lease agreement.

On June 3, 2015, the defendant and G are auctioned by the Seoul Western District Court at the Seoul Western District Court located in 174, as Mapo-gu Seoul, Mapo-gu.