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(영문) 청주지방법원 2021.01.28 2018고단2196

사기

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year and six months;

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to six months of imprisonment for fraud at the Cheongju District Court on March 22, 2017, and two years of suspended execution and finalized on November 27, 2017.

Defendant A is the actual operator of C Co., Ltd. (hereinafter “C”), and Defendant B is the actual operator of D Co., Ltd. (hereinafter “D”).

D around August 12, 2013, upon entering into a trust agreement with E Co., Ltd. (hereinafter referred to as “E”) on the construction of G, a major complex building in the land, such as Y, Y, etc., and completed the preservation of ownership in the name of E, and there was no right to sell G to Defendant B as all the business rights, including the sale of G under the trust agreement, belong to E.

D around October 17, 2014, when C was awarded a contract for 11 billion won among the construction of a Ytel in the Cheongju-si Office Office Office Office Office, the Cheongju-si Office Office Office Office Office of Home Affairs ordered that D would not be obliged to pay KRW 300 million to C the performance bond for the construction of a Ytel contract, and it would pay the above G apartment 3 bonds in lieu of the performance bond for the contract, which is anticipated that D would not be obliged to receive the payment of KRW 300 million in the performance bond for the above G project proceeds from E, and raised funds in the way of selling the G apartment 3

On November 2014, the Defendants shown the apartment supply contract for the said N N N, which is written as if the contract deposit, intermediate payment, and the remainder were fully paid up until September 25, 2014, by the seller E, buyer C, and the consignee D, which were written as if the said contract date had been fully paid three minutes of the down payment and the intermediate payment by September 25, 2014.

However, in fact, D is transferred the above apartment bonds with the settlement of business from E.