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(영문) 서울중앙지방법원 2018.09.13 2017고단8127
사기등
Text

Defendants shall be punished by imprisonment with prison labor for one and half years.

Each request for compensation order against the Defendants of the applicant for compensation.

Reasons

Punishment of the crime

1. Defendants B’ joint crime introduced F under the development project for the E-si land (hereinafter “E land”) at the beginning of October 2016 by introducing a branch of the Plaintiff, who was in the process of carrying out the development project for the land E (hereinafter “E land”). Defendant A knew at the time that F did not have any financial capacity and want to transfer the business right, and Defendant A introduced the said development project to G, and Defendant A introduced the said development project.

G at the time is deemed to have a high level of feasibility of the development project.

In the meantime, Defendant B and Defendant A told to the effect that “if the Plaintiff was appointed as the H representative director, the said development project will be executed at H, and the purchase funds will be raised at H,” but the purchaser of the said development project was appointed as the H representative director, and decided to take over the said development project from Defendant A by designating the purchaser of the said development project as the Defendant.

around November 2016, Defendants and G prepared a written contract for acquisition of a business with KRW 4 billion from F in the name of Defendant A with respect to the execution right of Scheon-si I, J, and K Forest and the service right of the business, etc., but the acquisition fund is insufficient. At around April 2016, G used money for the acquisition fund of the development project with respect to the electric parts among the construction works for the creation of M Riart which was received from L around April 2016.

A. The Defendants, in collusion on November 10, 2016, at the “O” office for G operation on the 20th floor of the Geumcheon-gu Seoul NM building, Geumcheon-gu Seoul, the Defendants are expected to take office around December 2016 by Q and G as the president and the representative director of HH corporation, and H corporation will begin construction work under the contract for construction of Mriart.

A false statement was made to the effect that Q and G would subcontract the construction of electricity, electricity, fire fighting, and telecommunications equipment in the size of KRW 60 billion among the new construction of Mi Triart, and that Q and Q and Q and H would have changed to KRW 700 million.

However, in fact, the Defendants do not have any kind of H Co., Ltd. with Mriart Construction.

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