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(영문) 서울중앙지방법원 2017.05.18 2016고단2810 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Defendant

A on December 23, 2009, the Seoul Southern District Court sentenced the suspension of the execution of imprisonment for six months for fraud, and the above judgment became final and conclusive around that time.

B is an executor who promotes the construction project of comprehensive shopping district D (hereinafter “instant shopping district”), such as theater, commercial building, shopping mall, etc., on the ground of Yeongnam-si and 13 lots of land. On December 27, 2005, B entered into an agreement on the construction and sales project for the instant commercial district between the construction project E corporation around the city around December 27, 2005, the lending financial institution, the Gwangju Bank Co., Ltd., and the Gwangju Marine Insurance Co., Ltd., Ltd., and the project manager F corporation, etc., and the instant commercial district was an agreement to manage the sales price received from both parties to manage the sales price by newly building with a considerable loan from the above lending financial institution and newly building with a new loan from the above lending financial institution. Thus, if both parties receive the sales price from B and Gwangju Bank G, it could not be asserted that the sales price would be valid in the future.

The separate co-defendants (hereinafter referred to as the "defendants") were the representative director of the above B, and I were the directors in charge of the above B in charge of the management of the sale contract. Defendant A is the representative director of the J, who is the sales agent of the above shopping district, and K was in charge of the sale as the head of the above J's headquarters, and Defendant A, H, and I were well aware of the above circumstances.

Defendant

A, H, and I suffered difficulties due to the poor performance of the sale of commercial buildings around July 2008, the commercial buildings in this case were sold at a price of about 30-40% discount from the actual sale price, but the sales price of the commercial buildings in this case is not a revenue management account from the multiple-minutes.

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