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(영문) 서울서부지방법원 2017.07.07 2016고단1896
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the D Co., Ltd.

On March 21, 2006, the Defendant: (a) performed the construction work before the previous construction on March 21, 2006; (b) ordered reconstruction construction of the Incheon Gyeyang-gu Incheon E and one parcel of apartment reconstruction (the so-called “G apartment housing”); (c) in return, the Defendant would receive from the F reconstruction Association the right to sell the above apartment units and commercial buildings and the shares of the association of its members.

On the other hand, the above company, without the ability to mobilize funds, has received several construction works other than the above G apartment without the capacity to mobilize funds, and thus, the company was scheduled to sell the sale right through general sale, and to make it into the corporation with the contributions of the association from the association.

However, the above partnership did not pay the general application for approval of sale or the contributions of the partnership on the ground that the above company failed to submit a letter of guarantee and a letter of guarantee for sale, and the above company failed to raise sufficient funds to invest in the corporation, and eventually, the construction was suspended from around 2008.

In order to raise funds necessary for the construction, the Defendant sold apartment and commercial buildings of the above company at a lower price than the market price before obtaining approval for the sale from the Gyeyang-gu Office for the sale of the company, and had the intent to put the amount into the above construction.

Defendant 1896, on January 2009, would sell G apartment 601, the original price of which is 280 million won, to the victim I at the D office of Eunpyeong-gu Seoul Metropolitan Government H Building A Dong 201 around early 2009.

If the completion is not completed by August 30, 2009, it will give KRW 150 million to the apartment instead of the above apartment.

In order to guarantee this, it was false that the J land will be provided as a security in the name of the city in Macheon City.

However, the facts are that D was unable to carry out construction since 2008 due to the lack of financial resources, and D's creditors of the above company are equivalent to approximately KRW 6.51 billion, KRW 12.47 billion, and KRW 71,0170,000,000.

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