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(영문) 서울중앙지방법원 2017.03.03 2016고단1865
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who actually operated the above company while serving as the chairperson of Seocho-gu Seoul Metropolitan Government D (State)E.

On January 21, 2014, the Defendant entered into an agreement to purchase the business rights of G on loan type apartment complex G in the name of 7.5 billion won from the public except for the non-party who was newly constructed in the Republic of Korea, Nam-si, Namyang-si, Gyeonggi-do, and three parcels of land, and issued a promissory note with a face value of KRW 500 million in the name of E on February 23, 2014 as the down payment date.

On January 2014, the Defendant displayed a real estate sale contract and a business plan concerning the above apartment construction project to the victim H at the above (E office) E office, and acquired the instant apartment business right in KRW 7.5 billion.

500 million won of down payment was also paid.

Since we have confirmed the people in the letter of intent to sell in lots, we have concluded almost 100% of the contract.

By March 10, 2014, money was raised from the trust company and it was confirmed directly by the trust company.

We also concluded a contract with a trust company and paid 5 million won as the down payment.

Since it is good to believe, 350,000 won is invested, 300,000 won will be 30% of the principal and profit-making shares as a profit for it.

The purport was that the equity will be paid in addition to KRW 1.3 billion.

However, the above promissory note, which was issued as down payment in E, was issued on the condition that it would be returned again after being used for the purpose of understanding the construction business operator from the side of the deferred development (State). However, the Defendant did not have any intention to pay it from the beginning, and the down payment was not paid normally.

On the other hand, the EE was subject to a disposition of suspension of current account transaction as of January 27, 2014 by the creditor bank, and was in the place where the corporate account would be subject to seizure due to the failure to pay interest on KRW 1.80 million borrowed from the Credit Guarantee Fund. In addition, the Defendant also promoted the above apartment construction project as the bad credit holder at the time.

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