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(영문) 수원지방법원 성남지원 2012.05.03 2011고합215
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The crimes of Nos. 1 and 2 of the judgment of the defendant and No. 4 of the judgment of the court shall be punished by imprisonment for 4 years, No. 3 of the judgment and No. 4 of the judgment

Reasons

Punishment of the crime

On April 17, 2008, the Defendant was sentenced to a suspended sentence of three years in the Seoul Central District Court on the one year and six months of imprisonment for fraud, and the judgment became final and conclusive on October 9, 2008.

"2011 Gohap215"

1. On September 7, 2007, the victim E filed a complaint with the Seoul Northern District Court on July 23, 2009 for the crime of embezzlement against the F, G and the Seoul Northern District Court on July 23, 2009, on the following grounds: (a) the victim E was a victim of the crime against the victim E; (b) the wife’s H hotel at the time when the G and G were in the construction work, and (c) purchased the building KRW 1 billion, KRW 2.4 billion, and delegated the F and G with the authority to execute the construction cost; and (d) the Defendant had been performing the hotel construction work on a contract basis.

The Defendant knew that the victim E was accused of the dispute over property rights with F and G, and that the funds were no longer invested due to the said dispute, and that the Defendant was severely pressured on loan interest, etc., and was approaching the victim E on the ground of an agreement, and suggested the Defendant to exchange the said hotel with the other canal wells newly constructed at another construction site, and to acquire the said hotel by borrowing the contract.

On April 2, 2009, the Defendant: “A victim E, the representative director of H hotel, at the construction site of the Geasi Sasi in Gyeonggi-do, which is the owner of the Igysi Sasi Sasi, has the right to do so, but actually has the right to do so, such as the implementation of the sale project, disposal authority, etc.” The above canal well-being 10,000,000 won or more. The construction progress is completed by August 30, 2009. The price of the above canal house 4 (101, 104, 102, 102, 12, and 3) is KRW 2.6 billion, and it is false to exchange the shares and business rights of H corporation newly constructed on four parcels, such as Gasi population K, which is promoted by the party.”

Therefore, the defendant, on April 24, 2009, has a real estate exchange contract from the victim E in Ansan-si Lane.

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