beta
(영문) 서울북부지방법원 2016.09.09 2016고합106

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

Defendant

A is not guilty. The summary of the judgment against Defendant A is publicly notified.

Reasons

Punishment of the crime

Defendant

B On April 15, 2011, the Seoul Western District Court sentenced two years to a suspended sentence of ten months for fraud, and the judgment was finalized on February 9, 2012, and is the actual owner of the FMa-dong strata (hereinafter referred to as “ underground commercial building”) Nos. 133 (10 square meters) and 139 (12 square meters) in Gangdong-gu Seoul Metropolitan Government.

In order to promote G reconstruction improvement projects for the collective housing and ancillary facilities in Gangdong-gu Seoul Metropolitan Government H-gu (hereinafter referred to as the “instant association”), the G reconstruction improvement project association (hereinafter referred to as the “association”) has completed the registration of incorporation of a juristic person on April 7, 2010 with the authorization for the establishment of the association on April 30, 201, and obtained the authorization for the establishment of the association on September 24, 201, after holding an ordinary general meeting on September 24, 201, and obtaining the authorization for the establishment and alteration of the association on October 12,

1. On January 18, 201, Defendant B fraudulently stated that “Around January 18, 201, the victim K can be sold out of the purchase price of KRW 133, the purchase price of the underground commercial building No. 133, which was executed by A” office of Dongdaemun-gu Seoul Metropolitan Government “J” office No. 115, which was operated by A, “If the G reconstruction and improvement project is in progress, he/she can be qualified as a union member at two levels, and can be sold out of KRW 34, without additional contributions.”

However, due to the revision of the regulations related to the law on the law of urban and residential environment, the injured party could not be qualified as a member, and even according to the articles of association, it was not confirmed that the owner of underground commercial buildings could be sold in lots at 34 square meters.

As a result, Defendant B had the victim enter into a sales contract with the content of purchasing KRW 1330,000,000 for underground commercial buildings. On January 18, 2011, Defendant B received the balance of KRW 378,000,000 from the victim and acquired the sum of KRW 430,000,000 from the victim.

2. On October 28, 2011, Defendant B acquired the purchase price of KRW 139 underground commercial buildings by deception shall not only be eligible for membership in the victim’s office of the above certified broker office “(2) but also be 34 square meters without additional contributions.”