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(영문) 서울중앙지방법원 2017.06.20 2016고정2708
사기
Text

Defendants shall be punished by a fine of KRW 10 million.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the representative director of D Co., Ltd (hereinafter referred to as “D”) for the purpose of apartment project execution, etc., and Defendant B is the member of the company.

Defendant

A around March 2015, around the Seoul Gwangjin-gu Seoul Special Metropolitan City E Complex Building Construction Project (hereinafter referred to as “instant project,” and the authority related thereto shall be referred to as “instant project”). A was engaged in the instant project.

Although F Co., Ltd. (hereinafter “F”) promoted the acquisition of the instant business right under the name of D, it did not have a normal underwriting agreement. However, the instant business right between F and D was purchased at KRW 3 billion, and a down payment of KRW 300 million was made to D on April 10, 2015 to the effect that D would have paid the down payment of KRW 300 million to F, it was written between the practitioners of both companies, and that D paid KRW 300 million as the down payment for the instant business right acquisition contract to F was a contract with an external appearance only.

However, Defendant A delivered the instant contract to Defendant B, who was in a usual friendship, requested a person who will invest in the acquisition fund of KRW 3 billion in the acquisition fund of this case, and made a statement that the contract of this case should not be disclosed out to the outside. Therefore, Defendant B, while entering into a contract for the transfer of the instant business right with the victim H through G, was contacted to enter into the contract for the transfer of the instant business right through G, but was infinite, he would accept D on the premise that G and the victim acquired the instant business right from D to hold the business right.

The defendant B proposed to the defendant Eul, and the defendant B delivered the above proposal to the victim side, and the defendants decided to transfer the corporation to the victim.

On April 30, 2015, Defendant A and Defendant B, the stocks and management rights of D corporations, are KRW 350 million.

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