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(영문) 서울중앙지방법원 2014.12.19 2008고합1340

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant shall be punished by imprisonment with prison labor for the crimes of Nos. 1, 2, 3 and 4 with prison labor for six years, and the crimes of No. 5 and No. 6 with prison labor for one year.

Reasons

Punishment of the crime

On October 1, 2008, the defendant was sentenced to a suspended sentence of 8 months in Seoul Central District Court for fraud, and the judgment was finalized on November 24, 2008.

"208 Gohap1340"

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim H did not have properly requested design services in relation to the urban development project in the Young-gu K District as the first representative director of the corporation, and the land purchase funds did not have been secured at least 30 billion won, and there was no actual authority or ability to implement the said urban development project, since there was no consent from at least 80% of the land owners.

Nevertheless, on April 2, 2003, the Defendant: (a) at the second floor M office of the Gangnam-gu Seoul LA building in Seoul on April 2, 2003, the victim H “B is the first representative director who has exclusively promoted an urban development project of the KA zone for at least three years; (b) has already obtained consent to the sale of land by at least 80%; (c) has already been executed 10% upon the completion of the design contract; and (d) has already been secured with the land purchase fund of KRW 30 billion, and there is no problem at all to commence the sale within one year; (b) there is a change in the deposit for the sales agency contract that will be conducted by proxy; and (c)

The defendant deceiving the victim as such and entered into a sales agency contract with the victim in that place, and received KRW 50 million as a security deposit for sales agency contract, from that time as shown in the attached Table 1 of the crimes committed.

8. 8. Up to seven times in total, the victim obtained a total sum of KRW 520 million as the deposit money for the sales agency contract from the victim and acquired it by fraud.

"208 Gohap1419"

2. The Defendant, with respect to the victim G, promoted an urban development project in the K District in the name of the construction-related company, which is, I.D.

The operator of the above project.