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(영문) 인천지방법원 2017.03.16 2016고단4175
사기
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

1. The Defendants’ status relationship A is the owner of the E building under construction in Nam-gu Incheon Metropolitan City D, and Defendant B is the person who concluded a PM service contract with F Co., Ltd., an executor and took overall charge of the sales business.

2. Criminal facts;

A. On January 28, 2008, Defendant A entered into a sale management trust agreement with G Co., Ltd. (the subsequent change to H) and delegated the sales business by entering into an implementation contract with F around December 24, 2013, even if the trust was suspended due to the discontinuance of construction works by the contractor and it was no longer possible to carry out the sales business due to the discontinuance of construction works. Defendant B also knew of the fact that the trust was suspended at the time of entering into a service contract with F.F.

The Defendants conspired to sell a sale contract to sell KRW 815,00,00 from the office of sale on July 6, 2014, E 10,000 between the victim I and the victim I at the office of sale on the Nam-gu Incheon Metropolitan City 1st floor, and prepared a sale contract to sell KRW 107,00,00 in the name of the court in charge of the damaged party’s wife employees to the victim I via the sales team employees, “E building 107, commercial buildings were paid as substitute goods to the chain construction business, and can purchase the building in the form of succeeding to the rights and obligations of

“A false representation was made.”

However, the Defendants were unable to sell the E-building No. 107 normally to the victims because they did not obtain the approval of the trust private person H, and even if the victims paid the sale price, they did not have the intent or ability to register the transfer of ownership for the above 107 commercial buildings.

Nevertheless, the Defendants: (a) by deceiving the victim; (b) received KRW 10 million from the victim to the account under the name of one bank account in the name of the E building; (c) received KRW 53 million on July 7, 2014; and (d) transferred KRW 196,659,000 on July 8, 2014 to the Agricultural Cooperative (M) account in the name of K; and (d) received KRW 15 million on December 1, 2014 from the victim to the account in the name of the said K.

Accordingly, the Defendants are the defendants.

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