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(영문) 서울중앙지방법원 2016.05.04 2015고합109 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. As to the business of constructing and selling apartment-type factories on the land outside Gangseo-gu Seoul Metropolitan Government and outside 26 lots of land (hereinafter “instant apartment-type sales business”), the Defendant and F entered into a contract on October 30, 2009 with H (hereinafter “H”) under which the Defendant’s management corporation I (hereinafter “I”) transferred the above sales business rights to the Defendant’s management corporation I (hereinafter “I”) with KRW 1.5 billion. The F transferred documents, such as an agreement on real estate sales in the name of the owner of the above land, which was forged to pretend that the said sales business was smoothly carried out, to the Defendant, and the Defendant paid KRW 50 million in total as the price for the said business from the same day to December 2, 2009, the Defendant and F had already acquired the above sales rights by means of false receipts, etc. from the victim of the above sales rights and acquired the above sales rights by means of false receipts, etc.

On December 11, 2009, the Defendant expressed to the effect that “The Defendant, while promoting the instant parcelling-out project, entered into an agreement with the owner of the land and carried out land work by concluding a real estate transaction agreement with the victim,” and that “it is difficult for the victim to have additional funds short of funds in the status of paying KRW 700 million in advance as advance investment, but it would be able to bring a big profit when the Defendant acquired the business right and promoted the instant parcelling-out project.”

Accordingly, the victim takes over the business rights of the above sales business and implements the business, and the related business affairs are as Defendant N Co., Ltd. (hereinafter “N”).

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