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(영문) 대구지방법원 안동지원 2015.09.25 2014고단988
사기등
Text

Defendant

A Imprisonment with prison labor for each of the crimes set forth in Section A(1) to Section 8, and a fine for the crimes set forth in Section 9 of the holding 4,00.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to two years of imprisonment with prison labor for one year in the Daegu District Court resident support for the crime of fraud on June 11, 2013 and two years of suspension of execution for Defendant A

9. 10. The above judgment was finalized.

【Criminal Facts】

The defendant of "2014 Highest98" is a representative who actually operates D Co., Ltd.

1. Around December 4, 2010, when the Defendant was unable to pay 200 million won to G for construction of a F apartment on the fourth parcel of land, such as Hocheon-gun, Chungcheongnamcheon-gun, etc., the Defendant drafted a sales contract with G by giving the said F apartment 101 and 302 as a payment in lieu of the said construction cost of 200 million won. G transferred the status of the seller for the said F apartment 101 and 302 to the victim H around October 26, 201 and received 165 million won from the victim. Accordingly, the Defendant drafted a sales contract with the victim and the said F apartment 101 and 302 on the same day.

Therefore, after the completion of the F apartment, the defendant had a duty to implement the registration procedure for transfer of ownership to the victim of the F apartment 101 Dong 302.

On April 2, 2013, after the completion of F apartment, the Defendant violated the above duties, completed the registration of ownership transfer to I with respect to F apartment Nos. 101 and 302.

Accordingly, the Defendant acquired approximately KRW 200 million of the market price of the above real estate and sustained the same amount as the victim.

2. On January 13, 2012, the Defendant concluded a sales contract with the victim J and the said F apartment No. 101 and 602 at the Gancheon-gun's F apartment sales office, stating that the Defendant would complete the registration of ownership preservation within 60 days after completion of the construction and complete the registration of ownership transfer within 60 days thereafter.

However, the defendant, under the bad credit standing conditions at the time, does not have the money of his own, and does the construction work unreasonably by means of the loan and the pre-sale.

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