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(영문) 서울북부지방법원 2017.06.23 2016고합309
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of F corporation in Seoul Special Metropolitan City, Nowon-gu E building.

On October 21, 2014, the Defendant concluded an international asset trust company and a real estate security trust contract (hereinafter “instant trust contract”) with respect to the said building, and completed the registration of the transfer of ownership due to the trust to the International Asset Trust Co., Ltd., and the said E building sales price was received to the account of the International Asset Trust Co., Ltd., and agreed to transfer the ownership of the said building to the seller upon obtaining the consent of the beneficiaries of the said building, after receiving the sale price for the E building from the account of the International

Nevertheless, Defendant 1: (a) sold the five floors of the above E building (hereinafter “instant commercial building”); (b) deposited the sales price into the F Corporation account, and (c) had been used to pay the sales expenses and debt payment.

On May 28, 2015, the Defendant stated the victim’s bill of indictment in the written indictment to the Plaintiff Co., Ltd. through H director I in the G Authorized Broker’s office located in Seoul Special Metropolitan City, Nowon-gu, through H director I. However, since the conclusion of the sales contract, the payment of the down payment and the written indictment to file a complaint were made in the name of the J Co., Ltd., the

The representative director shall pay KRW 1,33,00,000 to K in the F account, and if the representative director pays the commercial building in lots, he/she will sell the commercial building in lots and transfer its ownership to K.

“The phrase “ was false.”

However, since the above sales contract did not obtain the consent of the beneficiary of E building first, even if the victim received the payment from the victim, there was no intention or ability to transfer the ownership of the commercial building to the victim.

On June 29, 2015, the Defendant received from the injured party 113,30,000 won as contract deposit, 226,60,000 won as the first intermediate payment, and 226,60,000 won as the second intermediate payment, and 56,500,000 won as the second intermediate payment, respectively, in the name of FC Bank account (L) in the name of the FC Bank account.

In this respect.

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