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(영문) 대구지방법원 의성지원 2016.12.13 2016고합14
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

[criminal power] On August 21, 2014, the Defendant was sentenced to three years in Seoul High Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), etc., and the judgment was finalized on February 12, 2015, and on February 12, 2015, the Defendant was sentenced to four years in Seoul High Court to imprisonment with labor for a violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul High Court on May 14,

The Defendant is the representative director of the Do Housing Association (hereinafter “instant Housing Association”) that newly constructs 452 apartment units in Dongjak-gu Seoul Metropolitan Government, Seoul on August 5, 2008 (hereinafter “instant Housing Association”) and the E Co., Ltd. (hereinafter “E”) that entered into a service contract with respect to all business following the project implementation of new housing construction.

When the Defendant performs duties in accordance with the business service agreement entered into with the instant housing association in relation to the construction project of the F apartment of the instant housing association (hereinafter “instant apartment”), the Defendant shall perform duties on his behalf in accordance with the relevant statutes and the order of the instant housing association. Moreover, in relation to the instant project, the Defendant shall determine the sale price, time of sale, conditions of sale, method of sale, etc. in accordance with the construction contract entered into with the instant housing association and G Co., Ltd. (H Co., Ltd.) (hereinafter “G”) which is the relevant construction project with G Co., Ltd. (hereinafter “G”), which is the relevant construction project owner. Therefore, in order to join the instant housing association and sell the instant apartment to its members, the Defendant shall obtain approval from the head of the competent Gu in accordance with the relevant statutes, such as the Housing Act, and the permission from the head of the association, etc., which is the contractor, and the Defendant shall independently join the instant housing association and shall not have the right to sell the apartment house.

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