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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
The Defendant is a person who actually operates a limited company B (hereinafter referred to as “B”) established for the purpose of real estate sale and sale, etc., and “B” is a person who newly constructed and sold a “D building” of the size of 2 underground floors, 6th ground and 21th commercial buildings in Mapo-gu Seoul Special Metropolitan City(hereinafter referred to as “Seoul Special Metropolitan City”) in the former Special Metropolitan City. (The construction period: a policeman around April 2016 and Haman on December 2016; hereinafter referred to as “instant commercial building”), victim E, and F are married couple.
The Defendant invested KRW 1 billion out of the land price of KRW 2.8 billion for the purchase of the instant commercial building site, and the remainder was appropriated with a secured loan, on the other hand, paid the construction cost with the sale price to be received from the sale of the instant commercial building, and newly constructed the instant commercial building on credit.
However, due to the depression, only the sale of Gho Lake and H only among the commercial buildings in this case was made, but it was difficult to pay 1.6 billion won of the construction cost due to the failure to properly sell the commercial buildings.
Therefore, the Defendant, by making a false statement to those who are not entitled to the full payment of the sales price, concluded a sales contract by stating that “any balance is paid with the lease deposit that has already been determined by the lessee, and that they would be exempted from the payment of the rent,” thereby raising the construction cost or operating funds.
1. On June 20, 2016, the Defendant’s fraud against the instant shopping mall No. 1 made a false statement to the victim E at the “B’s office located in Seojin-gu J and the fourth floor of the Jeondong-gu Seoul Special Metropolitan City on June 20, 2016, and the instant shopping mall No. 1 remains. This commercial building has been finally and conclusively decided to open the instant shopping mall by leasing the wife K. In this case, upon the completion of the building, the Defendant would ensure that the instant shopping mall No. 1 will be sold at KRW 850,000,000 monthly rent of KRW 30,330,000,000, from the said office around the 30th day of the same month.”