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(영문) 서울중앙지방법원 2016.11.24 2015고단751
사기
Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

(1)A victim D (the representative E; hereinafter referred to as the "victim") obtained on September 26, 2007 approval from the Ulsan Metropolitan City Mayor to construct a major complex building with the total floor area of the 37,000 square meters in the site of the HF and the 24th 2,200 square meters in Ulsan-gu, Seoul-gu, the project owner, which was the project owner, with the LABF and the joint owner. Since the progress of the project has been suspended on a yearly basis due to the difficulties in raising additional funds due to the project financing (PF) due to the financial crisis and the aggravation of local construction games, the project approval period has been extended on September 26, 2007, and around December 2012, the construction project located in the above project site has been suspended, "I building, I building, I building," hereinafter referred to as "I building".

On the condition of removal, the business approval was extended until June 30, 2013, and thereafter the business approval period is extended by more than six months, the situation was that the building owner is required to obtain the consent of removal by the method of removing the said I building or entering into a sales contract for the said I building with the building owner.

Around March 2013, the Defendant: (a) from the foregoing E to the owner of the building in question, “a sales contract with the owner of the building in question shall be concluded, and the purchase price shall be paid later; (b) the owner of the building shall first receive consent from the owner of the building; and (c) the Defendant shall post a telephone to the AppellateJ for the removal of the I building in consultation with the owner of the building in question; and (d) the Defendant shall ask the owner of the building to have KRW 200 million extended the project approval period by six months after obtaining consent from the owner of the building in question; and (e) the Defendant shall enter into the sales contract with the owner of the building in question in Seoul on April 2013; (e) the said J, the two owners of the building in question, who shall obtain consent from K to the removal of the I building in question; and (e) the removal of the building in question shall take up KRW 50 million,000,000.

B. On July 31, 2013, upon receiving the consent to the removal of the money from the owner, and if the consent to the removal is not obtained until then, the money shall be returned.

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