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(영문) 인천지방법원 부천지원 2015.10.08 2014고단3278
사기등
Text

Defendant

A and C shall be punished by imprisonment with prison labor of 10 months, and by a fine of 3 million won, respectively.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of the J (hereinafter referred to as the "StateJ") of the 4th floor of the I-Si, Busan Metropolitan City, which is established for the purpose of real estate development, construction, etc., and Defendant C was working as the managing director who was in overall in charge of the construction supervision, etc. of the said stateJ, and Defendant B was working as the head of the headquarters in charge of the said state-owned agency business.

Defendant

A (State) At the J around December 1, 201, while executing and executing the construction related to the construction (hereinafter “instant project”), A entered into a real estate trust agreement with a real estate trust company (hereinafter “main real estate trust”). Accordingly, on February 24, 2012, A entered into a contract for sale of real estate after consultation with the above main real estate trust, and the sale price was also deposited into a “financial management account” managed by the former real estate trust and the sales price was also also deposited into a “financial management account” managed by the latter real estate trust without stating the management number assigned by the former real estate trust.

In order to sell the above commercial building normally in accordance with the above agreement, the sales contract was concluded using the sales contract with the management number assigned by the (State) real estate trust, and the price was deposited into the "fund management account" managed by the (State) real estate trust.

In addition, in the Korea Housing Guarantee in relation to the above L commercial building construction, it was difficult to issue a certificate of guarantee to repay the land loans of KRW 1.78 billion on the ground that the J's credit is not good. In addition, in the situation where construction costs, etc. are insufficient and it is difficult to normally proceed with the construction of the above L commercial building, the victim M who has sought a model voucher would be at a discount of the selling price for the above L commercial building to receive the money and to use it for the construction cost, etc.

1. The Defendants’ fraud.

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