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(영문) 수원지방법원 안양지원 2014.04.03 2012고단1563
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for fraud at the Seoul Central District Court on November 12, 2008 and two years of suspended execution, and the above judgment was finalized on April 9, 2009, and on October 8, 2010, the Seoul High Court sentenced six years of imprisonment for violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of Trust) in Seoul and became final and conclusive on December 23, 2010.

Defendant

B On April 28, 2010, the judgment was rendered on May 7, 2010 by sentence of three years of suspended sentence for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) at the Incheon District Court. On October 1, 2010, the above judgment became final and conclusive on October 9, 2010 after being sentenced to two years of suspended sentence for a year of imprisonment at the Seoul Central District Court for a crime of fraud. On May 30, 2013, the Seoul Central District Court sentenced one year of imprisonment and three years of suspended sentence for a crime of fraud, three years of imprisonment and four years of suspended sentence for a crime of fraud, and five years of suspended sentence for a crime of fraud, etc.

Defendant

B Around May 16, 2006, while establishing and operating the FF Co., Ltd. (hereinafter “F”), around June 2006, the F entered into a sales agency contract with the I and the I and the I on behalf of the owner of the G Commercial Building (hereinafter “instant commercial building”) by dividing and remodelling it with the consent of the existing owner of the instant commercial building and selling it in lots with the consent of the former owner of the instant commercial building. Upon completion of the sale, the F entered into the sales agency contract with the H to receive the settlement of the construction cost and the sales fee from H. On or around July 31, 2006, under the condition that the right to sell the commercial building was delegated by the Defendant from the Seoul Jung-gu JJ commercial building (hereinafter “F”), and the Defendant A was assigned as the representative director of the F, and the F delegated the sales agency of the instant commercial building to K around October 2006.

K’s staff L, who is delegated by the Defendants to perform the sales agency business, is located in the sales office located in the instant commercial building on or around December 3, 2006, the explanation from Defendant B is explained from Defendant B to the victim M as stated, and the “F is among the commercial buildings of this case 1,2.

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