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(영문) 서울중앙지방법원 2014.06.25 2013고단8280
사기등
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for six months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is the actual operator of Company E, and Defendant B was in charge of the real estate registration as the chief of the general affairs of the above Company, and Defendant C is the business operator.

1. The Defendants conspired with the Defendants in collusion, and around May 27, 2012, at the “G cafeteria” located in the Gyeonggi Pyeong-gunF, the Defendant C obtained permission to convert the instant real estate from the victim H. The real estate of Gyeonggi-gun I (hereinafter “instant real estate”). Upon the completion of the horse, the Civil Works Corporation commences. Upon the completion of the horse, the Defendants are able to obtain a large amount of the share registration and the land value is divided into several lots, and the entire house is possible.” The Defendant B prepared a land sales contract by explaining to the above purport at the above office located in Gangnam-gu Seoul, Gangnam-gu, Seoul. The Defendant B prepared a land sales contract with the “15 square meters,” “74,750,00 won,” “Buyer and seller” as “H and seller.”

However, in fact, the permission for conversion of the instant real estate was revoked on April 2012, and the Defendants were not in accordance with the permission for conversion of mountainous districts and various procedures necessary for development thereafter, and thus could not commence civil engineering works from around the same year. Moreover, even if the funds necessary for the development of mountainous districts were not provided at all, there was no intent or ability to develop land or build new housing as agreed upon by the victims even if the victims received land payment from the victims.

Nevertheless, the Defendants conspired to induce the victim, and received KRW 74,750,000 from the same day to June 8, 2012 from the victim, and acquired KRW 107,540,000 in total from the above date to January 9, 2013, such as the list of crimes in the attached list of crimes.

2. Paragraph (1) shall apply to Defendant A’s breach of trust.

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