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(영문) 서울서부지방법원 2018.07.19 2017고합347
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for three years and for two years, respectively.

Reasons

Punishment of the crime

[criminal records] Defendant B was sentenced to a suspended sentence of 4 months of imprisonment for fraud at the Seoul Western District Court on July 5, 2016, and the above judgment was finalized on April 7, 2017. Defendant A was sentenced to a suspended sentence of 2 years of imprisonment for breach of trust at the Seoul Southern District Court on August 12, 2016 and the above judgment became final and conclusive on August 20, 2016, upon being sentenced to a suspended sentence of 2 years of imprisonment for breach of trust at the Seoul Southern District Court.

[2] The crime committed by Defendant B is a person running C (hereinafter “C”) that sells the construction in Korea, and Defendant A is a person running F (hereinafter “F”) that receives and distributes the construction in E “E” from D Co., Ltd. (hereinafter “D”).

1. On November 4, 2013, Defendant B entered into a contract for the supply of goods with a total amount of KRW 1 billion from A to receive the supply of goods from A, Defendant B had the intention to purchase real estate owned by the victim’s G real estate at the high seas at which A is entitled to receive goods from D when it receives goods from D, and in order to prepare real estate provided as security as above, Defendant B purchased real estate owned by the victim’s G.

Defendant

B Around November 5, 2013, at its own office located in Songpa-gu Seoul Metropolitan Government H, a contract for the purchase of the 4th,5, and 7th floor (hereinafter “instant commercial building”) owned by the victim was concluded, and the victim “a down payment of KRW 100 million on the day,” and the remaining KRW 1.2 billion on the day, would be paid by the victim in four installments within three months from the price for the sale of the instant commercial building, which was supplied with the instant commercial building on the first priority basis of D.

The delivery, sale, and management of goods shall be carried out in consultation with the parties, and the balance of the sales proceeds shall be paid.

“Falsely, I prepared a real estate sale contract with the foregoing content.”

However, in fact, Defendant B was a bad credit holder at the time, and the liability such as the price of goods to other companies was 420 million won, and the particular revenue source is a particular revenue source.

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