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(영문) 수원지방법원 안양지원 2014.10.31 2013고단1645
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

To the extent that it does not substantially disadvantage the defendant's exercise of his/her right to defense, the following facts charged are organized and recognized as follows:

【2013 Highest 1645】 The Defendant recruited D's buyers from February 2005 upon the request of F, the representative director of the E representative director in charge of the agreement to sell D, which is the executor of the building 220 households of Ku Government-si (hereinafter referred to as "D").

However, D was completed on or around March 2005, but it was impossible to lawfully proceed with the sale procedure due to the lack of approval from the government office, which is the competent government office. Since the dual and intermediate right to sell in lots, there was a variety of provisional disposition registration, etc. against all households, and it was early from July 2005, the subcontractor asserted D's right of retention on the ground of the payment of the construction cost, etc., and from February 2006, since since around 220 households extended possession to 176 households among the total 20 households and claimed the right of retention from the victim G, it was impossible to lawfully conclude the sale contract even if receiving the sale price from the victim G, and the transfer of ownership was also omitted, and the Defendant was well aware of these circumstances as he participated in various lusing lawsuits in accordance with the aforementioned constructor's right of retention.

Nevertheless, the Defendant concluded a sales contract with the victim G without any problem on the following grounds: “If there is D with the intention of the Government, and the present unqualified people illegally occupy it, and only those people drive away through compulsory execution, it can be seen that there is no problem. If you die, it can be seen as double times profit.” On April 2008, the Defendant concluded a sales contract with the above victim on the following grounds: “I would like to know about the problem at the latest, and I would like to know about it. I would like to know about it.”

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