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(영문) 서울중앙지방법원 2015.04.22 2014고단6146
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 14, 2010, the Defendant was sentenced to a suspended sentence of two years and six months in Seoul High Court for fraud, etc., and the said judgment became final and conclusive on October 28 of the same year.

The Defendant, while taking over P Co., Ltd. with 998 households of T-Lease apartment in S at the two weeks of Gyeonggi-do, received money from one bank, a winds investment association, etc. for the repayment of cash borrowed money and the fund for company operation from one bank, a winds investment association, etc., and received money from those who belong to the above rental apartment as if they would sell it to the general public.

First, while taking over the above P, the Defendant became a joint representative director with U.S. attorney appointed by Han Bank as 10 billion won from Han Bank, and all the shares owned by the Defendant were trusted to Han Bank. Second, in order to sell the above leased apartment, the Defendant did not have the right to solely conclude a sales contract. Second, in accordance with the relevant laws, such as the Rental Housing Act, it should undergo legitimate procedures such as the public announcement of invitation of occupants after obtaining approval from the competent government office, in order to sell the above leased apartment to the general public, but the above apartment was in progress only by priority, but the number of units of the apartment was not determined, such as filing a lawsuit against the existing lessee in relation to whether the above apartment is qualified for sale. First, the procedure of preferential sale was not appropriate. However, in light of the situation of the company or the Defendant’s financial situation at the time (see, e.g., National Housing Fund obligation KRW 39.8 billion, lease deposit, loan deposit, loan deposit, loan of KRW 1.8 billion, etc.).

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