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(영문) 서울남부지방법원 2019.07.04 2018고합344

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged [the status of the defendant, etc.] from January 2015 to November 4, 2015, the defendant is a person who holds office as the managing director of the Dispute Resolution Co., Ltd. (hereinafter referred to as the "C") and the Dispute Resolution Co., Ltd. (hereinafter referred to as the "D") in Yangcheon-gu Seoul Metropolitan Government, and E is a head of the G Union located in the Seoul Yeongdeungpo-gu Seoul Metropolitan Government F (hereinafter referred to as the "victim’s Union"), from October 30 to November 4, 2017, and H is a person who held office as a general director of the Victim’s Union from around 2009 to November 4, 2017, and I is a person who maintained the relationship with the defendant from around April 2014 to around April 2017.

[The contents and process of the business operation of the Victim Association] From around 2009, the Victim Association promoted G (hereinafter “instant project”) with the content of constructing apartment houses and commercial buildings with the size of 4 stories underground and 12 stories above ground in the Yeongdeungpo-gu Seoul Metropolitan Government J site (the site area: 1,956m2) from around 2009. The Defendant participated in the instant project as K’s electric affairs around January 21, 2015, and continued to participate in the instant joint project by taking part in the instant project as a managing director of C and D (hereinafter “City Corporation”) selected as a new contractor of the instant project (hereinafter “C and D”). < Amended by Presidential Decree No. 2687, Jan. 21, 2015; Presidential Decree No. 27200, Mar. 21, 2015>

On April 2016, the Victim Association first loaned 4 billion won from L as security for the instant project, and around May 2016, extended 3 billion won under joint and several sureties by the Si Corporation. Around July 2016, the Victim Association decided to purchase each land share and store (hereinafter referred to as “each of the instant real estate”) by paying some of the above loans to M, N, andO, who requested cash settlement among the members of the Victim Association.

However, each of the instant real estate is the victim.