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(영문) 의정부지방법원 고양지원 2019.02.15 2018고단1233
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around June 3, 2001, when the Defendant was in office as professor of the real estate department at B University, on or around June 3, 2005, the Defendant established C and engaged in real estate consulting business as representative director, and was placed in the F new construction site located outside E and 8 lots upon the introduction of D, a real estate development business operator, around April 2008.

The F-Newly constructed construction site was carried out by the subcontractor, who was performing the construction due to the default of G, a contractor on March 28, 2008, and formed an organization of lien council while exercising a lien, and the representative I of H corporation, a contractor, was in the process of realizing a new investor.

In preparing an agreement with I on May 23, 2008, the Defendant agreed that C shall participate in the joint executor with H Co., Ltd. on the condition that C shall invest in the construction cost of KRW 2 billion and the progress payment for the first time until July 20, 2008, and that C shall additionally pay KRW 500 million until June 5, 2008 and KRW 1 billion until June 20, 2008 when it delivers custody amount of KRW 500 million to H upon the preparation of the agreement. On May 7, 2008, the Defendant agreed that H Co., Ltd., which already concluded a contract for construction with H Co., Ltd., to determine as Si Co., Ltd. as Si Co., Ltd.

Pursuant to the above agreement, the J Co., Ltd. entered into a subcontract with the Victim P Co., Ltd. on June 7, 2008 and June 10, 2008 with the Victim L Co., Ltd. on June 12, 2018, the Victim M Co., Ltd. on June 12, 2018, the Victim N Co., Ltd., the Victim P Co., Ltd. and the Victim P Co., Ltd on June 13, 2018, and the Victim P Co., Ltd on June 30

The Defendant substituted H Co., Ltd. to borrow money from H Co., Ltd. for the storage of KRW 500 million, and was unable to prepare more investment money than KRW 500 million, the Defendant, with the aim of resumption of construction, acquired Q Q Co., Ltd. on August 1, 2008 through a nominal bondholder with the intent to obtain sales profit, and then, issued bills in Q Q Q’s name to resume construction.

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