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(영문) 서울중앙지방법원 2012.09.28 2011고단6046
사기
Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

On May 4, 2011, Defendant A was sentenced to imprisonment with prison labor for one year at the Seoul Western District Court for fraud, and the said judgment became final and conclusive on August 19, 2011.

B was awarded a contract from co-owners of the land for the construction of the Seocho-gu Seoul Metropolitan Government H reconstruction apartment while operating G.

【Criminal Facts】

Defendant

A, even though he was delegated with the right of sale of the above apartment from B as security and the request to raise funds necessary for the construction, he planned to sell the apartment of this case to other persons, to receive the sale price and to use the apartment of this case individually, and to collect the sale price from B, and to color the investor.

1. On September 22, 2009, Defendant A stated that “The scheduled completion date of the above apartment complex shall be around December 20, 2009,” which was newly constructed on or around September 22, 2009, Defendant A would have been KRW 700,000,000,000 for KRW 601,350,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won for debt to J before the Jeju Island, would be sold to the Party.”

However, in fact, since Defendant A was not authorized to sell the above 601 units at a lower price than the market price, Defendant A was unable to transfer the ownership of 601 units to the victim in the sum of the amount received from the victim and the amount of debt settlement to J.

The defendant received KRW 350 million from the victim and paid KRW 100 million out of the remainder to J for the payment of debt, and used KRW 150 million for the defendant's personal business fund after paying the remainder to J for the payment of debt.

In addition, between J and J, the obligation to the J for the victim.

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