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(영문) 대전지방법원 2020.10.29 2020고단2873
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

All applications for compensation filed by each applicant for compensation are dismissed.

Reasons

Punishment of the crime

[Criminal Power] On February 13, 2019, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daejeon District Court, and the judgment became final and conclusive on November 30, 2019.

【Criminal Facts】

On July 25, 2016, the Defendant drafted a joint business right agreement with D and its owners, “Seoyang-gu, Mayang-gu, Mayang-gu, Gyeonggi-do, and three lots of land sub-construction projects.”

On the other hand, the Defendant, as a director of F Company F, promoted the development project of I apartment in Dong-gu, Dong-gu, Dong-gu, Dong-gu, Seoul, as well as G, which is the representative director of the said company, in an unreasonable manner without any funds for all of the I apartment development projects, and despite the fact that the purchase of land necessary for the development project was not properly conducted, the Defendant was seeking to secure the funds by concluding the model housing construction contract around March 19,

1. Around July 25, 2016, the criminal defendant against the victim C made a false statement to the victim C at the mutual infash shop located in Songpa-gu Seoul Songpa-gu Seoul Songpa-gu Seoul, stating, “The 16 household members inside and outside of D are the share of 16 households. Of them, one household will be sold in lots. The sale price exceeds KRW 200 million, which would result in a sale in KRW 100,000,000,000,000,000,000. If it was erroneous, it would return KRW 60,000 on October 25, 201.”

However, in fact, there was no provision that the defendant has the authority over six generations under the above D's joint business rights contract, and the above joint contract was executed by the defendant until August 4, 2016, KRW 100 million for the construction cost to the above D until August 4, 2016;

8. Although it was decided that the payment of KRW 100 million will take effect until 31.3, there was no measure to pay the above money in addition to the method of borrowing money from others. Since the defendant did not obtain the consent of the above sale from the joint businessman D, the victim did not have the right to sell the above 100 million household, as well as the development project related to the fact-finding.

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