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(영문) 부산지방법원 2014.02.14 2011고합850 (2)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 9, 2009, the defendant was sentenced to one year and six months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on December 10, 2009, and the judgment became final and conclusive on September 9, 2010, which was sentenced to nine months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on June 17, 2010. On May 20, 201, the judgment became final and conclusive on December 14, 201.

【Criminal Facts】

C is the representative of the E Co., Ltd. in Busan Geum-gu, and F is the head of the above E Co., Ltd., and the defendant is the representative of H, the representative of H, who is in the Gtel in Busan-gu, and is unsold in lots, and I, J, and K are unsold in lots.

C. The Daegu-gu L apartment, which was under construction in E Co., Ltd., was almost not sold due to the real estate market erosion, and the financial pressure was reached, and the Defendant, a specialized huber for the resale of unsold apartment, requested the Defendant to sell unsold apartment units. The Defendant, who consented to this request, did not have any specific property and did not intend or ability to actually purchase apartment units, and did not receive a loan from a financial institution, and paid a certain price to a name-holder with no intent or ability to repay the loan, and made a false sales contract for the housing unsold in lots in the above L Co., Ltd., and provided E Co., Ltd. with an intermediate payment for the above apartment units in the name of “the owner of the housing unsold in lots,” from the financial institution, after concluding a false sales contract with the name of “the owner of the housing unsold in lots,” and, in return, C et al., provided the above apartment units to Defendant, I, J, and K with the intention to acquire the intermediate payment of apartment units by paying three million won per household in exchange for it.

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