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(영문) 서울남부지방법원 2015.07.17 2015고단183
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Basic facts

A. F loan reconstruction and dispute (1) Defendant A entered into a contract on May 30, 1990 with 10 co-owners of the apartment house and 18 households of the apartment house on the third land, such as Seocho-gu Seoul, Seocho-gu, Seoul, to newly construct the 19 households of the F loan on the ground, and thereafter changed to the new construction of the 19 households of the F loan through a design change, the 10 households of each section of the F loan out of each section of exclusive ownership owned by the sectional owners, and the remaining nine households were owned by Defendant A instead of receiving the construction cost.

(2) Defendant A filed an extension report with the Seocho-gu Office by changing the name of the owner of the multi-household housing in which funds are invested or will be newly built for construction business operators according to the above contract. The owner of the building in the extension report was the owner of the building at 102 G, 103 H, 104 I, 105 J, 201, K, 202 L and M, 203 N, 204, 205 P, 205 P, 301, Q Q, 302R, 303 S, 304 T, 305 U, 401, V, 402 W, 403, X, 404, 405 M.

(3) However, in the event that the construction of a charnel house is completed, the construction of a new building was suspended due to the aggravation of the financial situation. The ten household ownership, which the said apartment house has the structure and form that can be viewed as an independent building under the social norms, shall be attributed to the sectional owners, etc., and the remaining nine household ownership was originally acquired by Defendant A, who is one of his efforts and materials.

(4) On June 15, 1994, Defendant A drafted a letter of waiver that: (a) the representative of the sectional owner, etc. was unable to perform the construction work any longer; (b) renounced his right related to the new construction work; and (c) did not impose any civil or criminal liability for the future; and (d) the said letter of waiver was a document in which T, etc. forced to be drafted by force by force during the course of kidnapping and detention of Defendant A.

(5) T is to complete the remaining construction work between the Z on February 7, 1995 while coloring the construction business operator who will undertake the new construction work of the above tenement house.

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