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(영문) 서울중앙지방법원 2016.02.03 2015고단6785 (1)
사기
Text

Defendant

A shall be sentenced to three months of imprisonment with prison labor for the crimes of No. 1 and No. 2 of the ruling against A, and four months of imprisonment for the crimes of No. 3 of the ruling.

Reasons

Punishment of the crime

[Criminal Facts] On March 25, 2011, Defendant A was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Seoul Central District Court on April 25, 201, and the said judgment became final and conclusive on August 25, 201. On September 30, 201, Defendant A was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the same court on September 30, 201 and the said judgment became final and conclusive on November 24, 2011.

【Criminal Facts】 2015 Highest 6785

1. Defendants A and B, who committed the fraud joint crime against victims D, committed either the chairman of the regional housing association establishment promotion committee of Korea, and the chairman of the committee to establish the regional housing association of Korea, and the general secretary, intended to acquire money by deceiving the members of the association as if they would be able to purchase new apartment units.

Defendant

B around March 19, 2008, the victim D will join the E Regional Housing Association to be established at the face of the week and get the new apartment to be sold in lots in the vicinity F of the Gadong-dong, Seoul Metropolitan Government.

The phrase "False," and the defendant A took place as the chairperson of the Promotion Committee of the Regional Housing Association, and issued a certificate of confirmation of the above contents.

However, the housing association established in the above area at the time was established on January 8, 2004 and was practically suspended in business due to the failure to recruit additional members. Since the Defendants were to establish the housing association in the above area, Defendant A was the chairman of the Promotion Committee of the tentative G Regional Housing Association, and Defendant B was merely a general member of the committee, and Defendant B was unable to promote the establishment of the association due to the conflict with the land owners, even if the Defendants were unable to receive money from the damaged persons for the purpose of paying the membership fee, etc., they did not have the intent or ability to establish the association to enable the victims to purchase the newly-built apartment.

The Defendants acted in collusion with the victim.

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