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(영문) 서울중앙지방법원 2013.10.25 2013고합445
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment for three years, each of the defendants B, C, D, E, and F shall be punished by imprisonment for two years and six months.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the former head of the housing project headquarters of P Co., Ltd. (hereinafter referred to as the “P”), the representative director of R Co., Ltd., the implementation company of Q apartment construction; Defendant F is the head of the housing project team of S Co., Ltd., the implementation company and the implementation company of Q apartment construction; Defendant E is the representative director of the U Co., Ltd., the implementation company of Q apartment construction; Defendant C is the W representative director of the V apartment construction company; and Defendant D is the representative director of Y, the implementation company of X apartment construction.

P had a problem of securing financial liquidity, such as the sale rate of Q apartment, 28.03% of Q apartment, 4.68% of the sale rate of T apartment, 11.51% of the sale rate of V apartment, 18.31% of the sale rate of X apartment, 25.63% of the above apartment, and further large-type apartment of 40 square meters or more among the above apartment, it is difficult to repay the project financing (PF) loan borrowed from the financial institution for initial purchase of the housing site because it is not rarely sold.

On May 209, P Housing Project Headquarters concluded a sales contract for large-scale apartment among unsold apartment units, and concluded a sales contract for large-scale apartment units among the unsold apartment units, and made a loan for part payments for the above contract, each of them shall be paid 10 million won as the so-called sales commission. ② The company pays the part payment interest on the part of the part payment in full. ② The company shall make a payment for the part payment. ③ The company shall recruit the applicant on the condition that the sales contract is automatically cancelled without any declaration of intention on the first day of the period of the occupancy, and the contract deposit paid within 30 days thereafter shall be returned in full without the deduction of penalty, using the name of the recruited applicants by the financial institution, and the plan was prepared for the in-house sales (hereinafter “in-house sales”) to be used for the repayment of the project financing (PF) loan and construction cost, etc.

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