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(영문) 창원지방법원 2018.02.20 2017고합309
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for three years.

2. Defendant AR Defendant AR is punished by imprisonment for six months.

(b).

Reasons

Punishment of the crime

Defendant A, around May 2014, intends to purchase AT apartment 80 households in the Chungcheongnam-gu, Chungcheongnam-si, Changwon-si, in a mutual influorial restaurant located in the Nam-gu, Changwon-si, Chungcheongnam-do.

The construction rate of the above apartment is almost 100% and there are no defects.

Since it is possible to complete the construction at once by depositing 700 million won into the seller's account instead of paying the down payment in the name of the purchase price, 1.2 billion won, including 20 days after completion and 500 million won, at the latest within 4 months after the completion.

“...........”

However, even if Defendant A received KRW 700 million from the above injury to the seller’s account, it was not intended to use the down payment entirely as the down payment, since the down payment of KRW 4.6 billion in total was KRW 4.6 billion in total, it was thought that Defendant A would have consumed personal living expenses, office expenses, etc. except KRW 460 million in terms of down payment.

In addition, 80 household AT apartment which is the object of the above sales contract, is a seller's 80-year-old AU and 8 lots of land, a new wood credit cooperative and Yangcheon-gu credit cooperative, a seller, are aware of and judged by the buyer that there are annexed buildings not owned by the seller, such as the acquisition of the real estate, lien, purchase of the real estate, management office, guard office, commercial building, etc., and thus, the problem arising therefrom cannot be the seller's responsibility and the seller's liability cannot be the seller's liability, and the seller's association cannot request the seller's remainder loan loan.

“The content of the special agreement,” etc. was scheduled to be the content of the contract.

However, Defendant A had no particular property at the time and has no ability to contribute a separate fund, such as the liability of KRW 35 million for national taxes in arrears and liability of KRW 130 million for Busan Credit Guarantee Fund.

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