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(영문) 의정부지방법원 고양지원 2013.09.02 2013고합42
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

"2013, 42"

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) victim C was the actual manager of D (hereinafter “D”) and E (hereinafter “E”).

On October 25, 2005, the injured party entered into a real estate sales contract with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) for the share of the site of the commercial facilities (the name “H commercial facilities”) located in Yongsan-gu, Busan-gu, Seoul-gu, Seoul-si, a stock company, which was entrusted by Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) and KRW 6,081.02m2, building area, 45,934m2, building area, 1-3m2, underground, 1-3m2, 1-3m25, 421,505 of the purchase price, and thereafter the contracting parties were changed from D to E.

However, at the time of the contract under the above sales contract, the first down payment of KRW 6,816,271,075, the second down payment of KRW 6,816,271,075 until November 21, 2005, and the second down payment of KRW 122,692,879,355 until December 19, 2005, respectively. However, until December 19, 2005, only KRW 9.1 billion out of the sales amount was paid until December 19, 2005, and the Korea Land Trust notified that it cancelled the above sales contract as of January 19, 2006.

E notified the cancellation of the contract from the Korea Land Trust, but on the premise that the actual seller, is the contractor, he/she continued to hold a day-to-day consultation on the design construction-related issues, the balance payment issues, etc., and continued contact with the related parties.

In addition, on February 27, 2006, E entered into a contract with Korea Land Trust Co., Ltd. I (hereinafter “I”) to jointly engage in the business of purchasing and selling the commercial facilities of this case, and upon entering into an additional agreement on March 23, 2006, E received an investment of KRW 5.5 billion from I and received an investment of KRW 4.5 billion among them.

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