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(영문) 수원지방법원 2015.10.22 2014고합778

특정경제범죄가중처벌등에관한법률위반(사기)

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[Defendant A] The defendant shall be punished by imprisonment for a period of two years and six months.

[Defendant B] Imprisonment with prison labor for two years

except that this shall not apply.

Reasons

Punishment of the crime

The Co., Ltd. promoted the “G project” (hereinafter referred to as the “instant project”), which is a development project for purchasing the F land in Seo-gu, Seo-gu, Seoan City from LH Corporation and constructing commercial buildings and parking lot facilities in the site, and selling them in lots. Defendant A general manager of the said project as the actual operator of the said company. Defendant B, as the executive director of the said company, was in charge of the sales of the said project.

around August 25, 2011, the Defendants issued an offer of KRW 107 and 108 to the said G shopping mall sales office located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon, and around July 27, 2011, and paid KRW 200 million to the victims I who purchased the above shopping mall, “No problem is at issue at present. He construction and all procedures, which are the contractor, are completed, shall start with seals. The Defendants shall enter into a contract to purchase two stores, and pay KRW 1 billion out of the purchase price, at KRW 3.22.5 billion, from KRW 3.4 billion to KRW 94.4 billion, from KRW 94 billion to KRW 9.4 billion, and if the commencement of construction has become known by five months, the Defendants shall immediately return the above KRW 1 billion to him and compensate for damages.”

However, in fact, even though the above company purchased the above land, but did not complete the registration of ownership transfer due to the lack of business feasibility, etc., it had contacted with J Construction for the above construction contract, but it had not been formed for the construction contract at the time. However, it was unclear whether it was a contract or not, but it was not possible to enter into a sales contract regularly because it was impossible to carry out the procedures for report of sale due to the lack of construction contract, and the above company could not enter into a sales contract regularly because it did not have any own capital and received a loan from a financial right or received an investment from another person and received an investment from the other person to raise funds, such as the cost of project and the cost of the company's operation.