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(영문) 의정부지방법원 고양지원 2013.11.29 2013고단366
사기
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 6,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Criminal Justice] On February 15, 2007, Defendant B was sentenced to imprisonment of one year and five months with prison labor for fraud, etc. at the Jung-gu District Court on April 8, 2008, and completed the execution of the sentence at the Seoul Southern Prison on April 8, 2008, and on December 8, 2011, Defendant B was sentenced to ten months of imprisonment with prison labor for fraud at the Jung-gu District Court Goyang branch on March 8, 201, and the said judgment became final and conclusive on February 11, 20

【Criminal Facts】

The Defendants, from around April 2005, were detained by H, the main owner of the above FF’s actual inspection around around 2007, and the construction was interrupted due to a dispute over payment to subordinate companies, and the construction was interrupted, and Defendant A, the vice president of the above I, and Defendant B, were working for each of the above I’s business directors.

1. The Defendants’ co-principals conspired, and around December 30, 2008, lent from the frontway of the above G building to the victim J, and 50 million won to the victim J up to March 30, 2009, respectively, to the bank as security, and thereafter, offered the right of sale under Article 102-1 of the Building A, which will be completed immediately thereafter.

The term "assumed" was referred to.

However, from the time of involvement in the construction site of the above G G building, which had already been interrupted on April 2008, the construction was conducted under the condition that the company becomes aware of large amount of construction costs, and the said company’s revenue, which was a joint executor, obtained external loans and conducted construction without any reason, was in a bad financial condition. In particular, even if the above money was borrowed from the company around December 30, 2008, the financial situation of the delay of construction and the sales performance, which led to the aggravation of the above money, was insufficient to provide more than 2 times the above money after 3 months, and in addition to the above circumstances, the joint executor or the contractor’s consent was not required in preparing the sales contract, and the consent was sought from the financial institution holding the highest right as to the management of sales revenue.

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