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(영문) 수원지방법원 2015.04.08 2014고단3238
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant was the head of the “E” (representative: F) who was a seller of the D building 701 of the Gu building during Ansan-si.

The executor is G company and the Si Corporation was completed on May 2, 2010, H apartment house in Yongsan-si, which is a NA Construction Corporation, but at least 55% of the 719 households has been unsold. The Asia Asset Management Corporation purchased the above 399 households in unsold housing units by forming the fund and entrusted the Korea Securities Finance Corporation with the sale of housing units.

The above E, F, and the Defendant did not have any authority to sell the above apartment without being delegated with the sale agency business from the above Asian Asset Management, etc.

Nevertheless, the Defendant, along with the above F, instructed I et al., the above E-head of the E-head of the E-head of the E-head of the housing to invite buyers to sell the unsold housing units at a discounted price of about 50%, and ordered 18 million won per unit of the apartment to be paid an allowance, and had the buyer receive subscription money, down payment, etc. from the customers recruited to take profits.

1. On December 2, 2013, the Defendant: (a) at the foregoing E office around December 2, 2013, the victim J made a loan to the said E office, that “The Defendant obtained an unsold apartment unit in lots under the pretext of collecting investment money from the investors who invested in G. It is possible to sell the subscription amount of KRW 860 million to the extent of KRW 860,000,000. It is possible to sell the apartment unit in lots at least 420,000,000 won. First, if the subscription amount of KRW 1,00,000,000,000,000 won is possible, the seller’s securities finance company and sales contract may prepare a contract and sales contract, and if a bank files an application for a loan with the contracted apartment unit as security, it is possible to move in by means of a transfer of ownership around February 2, 2014.”

However, the fact is that the defendant et al. has no authority to sell the above apartment.

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