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(영문) 서울북부지방법원 2012.11.08 2012고단680
사기
Text

Defendant

A Imprisonment of one year and three months, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A operates a mutual medical machine selling company called “H” located in Dongdaemun-gu Seoul Metropolitan Government, and from April 29, 201, from around 201 to April 54, 201, Defendant B is a person who was working as a member of the “J Emergency Countermeasure Committee” in the above I building since February 2010.

Since August 23, 2008, the Defendants concluded a lease contract with respect to the second floor of the said building and proposed to L to be a new manager with the power of attorney at least 50 out of 667 co-owners of the said building from February 16, 2010 to November 201, the Defendants concluded a lease contract with respect to the said second floor of the said building and offered the said building to L to be “not later than the appointment of a manager is determined by the general meeting.” From February 16, 2010, L, the owners of the said 2nd floor and 76th floor of the building and the 1st underground floor of the library, who were the owners of the said 3th floor, would be a “J Emergency Countermeasure Committee” and made a public offering to acquire money under the pretext of deposit money, etc., even if there is no delegation or delegation by the sectional owners or managers of the said lease contract.

On January 31, 2011, the Defendants falsely concluded that the “N judicial scrivener office located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul Metropolitan Government Office” stated that the second floor of the I building Dong branch of Dongdaemun-gu, Seoul is “10 million won, monthly rent of KRW 20 million, KRW 100 million, and KRW 100 million, and there is no defect in concluding a contract with the representative with the consent of 80 percent of the sectional owners.”

However, the above I building can be entrusted to the administrator if at least 3/4 of the sectional owners consent to enter into the lease contract. The Defendants did not obtain the consent of the sectional owners, and there was no fact that they received the delegation of the contract from the administrator.

Nevertheless, the Defendants are not guilty.

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