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(영문) 의정부지방법원 고양지원 2018.07.24 2018고합37
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. The summary of the facts charged [2018 Height 37] D] is the actual operator of H Co., Ltd. (hereinafter “G”) with a lien equivalent to KRW 2.6 billion on the owner of the F main apartment and commercial building (41 apartment buildings, 20 commercial buildings, hereinafter “F apartment”) located outside of Mapo-gu Seoul, Mapo-gu, and one parcel, and a person who jointly works with J (hereinafter “I”) for the purpose of selling F apartment.

Defendant

C entered into a contract on June 10, 2015 with the representative director of K Co., Ltd. (hereinafter referred to as "K"), which is a parcelling-out agent, for the sale of F apartment construction and the sale of housing units, from HD, and entered into a subcontract agreement on September 7, 2015 with the defendant A for the sale of housing units, subject to the contract on September 7, 2015, under the condition that the payment of the payment for the performance of the agreement (deposit for sale) is KRW 300 million.

Defendant

A entered into a subcontract agreement with K representative director C on September 7, 2015 with the representative director C, a corporation established for the purpose of real estate enforcement and sale (hereinafter referred to as “L”), and entered into a written agreement with the victim M (N) on November 23, 2015 and the F apartment remaining construction and sale business (hereinafter referred to as “F apartment”).

F Apartments acquired ownership on August 2, 2012 by G, and December 25, 2015, D had no substantial property at the time.

After accepting G, Defendant B was appointed as the representative director in the name of the company.

As of November 24, 2015, F apartment owned G was liable for a debt equivalent to KRW 20.1 billion with the O bank. On June 16, 2014, the decision of provisional seizure of KRW 500 million with the claim amount by the creditor P was made on June 16, 2014, and seizure due to tax in arrears was made from Seoul Special Metropolitan City on November 25, 2015. On October 15, 2015, Qu and I made a voluntary request for auction to determine the commencement of auction.

In addition, on December 23, 2014, the O bank is against G.

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