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(영문) 서울북부지방법원 2017.01.09 2016고합327
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

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

2. Defendant B shall be punished by imprisonment for four years.

3. Defendant C.

Reasons

Punishment of the crime

"2016 Gohap 327"

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant C is the head of the association of the building association for reconstruction and consolidation, which is the business entity of the R apartment in Seongdong-gu Seoul Metropolitan Government and two lots (title of the sale contract, "S apartment," 10 stories above the ground, 66 households above the ground; hereinafter "T-built R apartment"), which was completed on January 23, 2014, and Defendant C is the representative of the building owner of Q and two lots outside the Yangcheon-gu Seoul Metropolitan Government and approved for use on September 30, 2013 (title of the sale contract, "S apartment," 10 stories above the ground, 32 households above the owner of the building, and the representative of the AV apartment is the owner of the building who is the owner of the building at the time of use on September 30, 2013, and Defendant C is the representative of the AV apartment and the BV owner of the building at the time of use on the ground (hereinafter referred to as "Defendant 2, etc.

A. On May 201, when concluding a construction contract with AA around 66 units of re-building project for joint crimes by Defendants A, B, and C, the construction project association agreed to sell all the remaining 35 units except each member's share and the 31 household unit of the partnership unit to pay the construction cost, etc. of AA with the general proceeds of sale in lots, and started construction with the approval of the project plan (revision) from the Sungdong-dong Office around December 7, 201, and entered into a construction agreement with AA around January 23, 2014.

In order to raise the above construction cost, the above Defendants introduced the name of the most likely to be the one household of general apartment units through Defendant A’s land owner, subcontractor, etc. as if they were sold in lots, and prepared a false sales contract as if they actually sold apartment units, and submit this contract to the bank, which is the institution entrusted with the housing finance business of the Korea Housing Finance Corporation for the victims, to guarantee the Korea Housing Finance Corporation.

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