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(영문) 인천지방법원 2018.04.24 2017고정630
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 24, 2015, the Defendant was sentenced to a suspension of the execution of one year and six months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on December 23, 2015, and on January 27, 2016, the Incheon District Court sentenced three years of suspension of the execution of one year and six months of imprisonment for fraud, which became final and conclusive on February 4, 2016. On August 11, 2017, the Defendant was sentenced to four months of imprisonment with prison labor at the Incheon District Court for fraud, and that judgment became final and conclusive on December 29, 2017.

The Defendant is a person who operated C, and D was an actual manager of G Co., Ltd. (hereinafter referred to as “G”) and H, a contractor, in the implementation of F (hereinafter referred to as “officetel”) located in the Nam-gu Incheon Metropolitan City E and nine parcels.

In around September 2007, the instant officetel Corporation began to be a site for the Defendant-owned and two parcels of land, i.e., Incheon Nam-gu, Incheon, which is one of its own ownership, but the discontinuance of the construction and the implementation of the construction due to the shortage of funds, and repeated changes in the construction, it agreed to resume the construction by receiving additional investments from M around August 2008, but the construction was conducted through the joint acquisition of investment from L, etc. on or around September 2008, but the construction was discontinued due to financial difficulties.

In accordance with the above agreement on March 12, 2010, the above D agreed to deliver a certificate of beneficial rights to M, etc. after completing a collateral trust for the above officetel site and building. D agreed to deliver a certificate of beneficial rights to the above officetel site and building to M, etc. on March 10, 2010 in accordance with the above agreement with the defendant. The above agreement with the defendant on March 10, 2010, to deliver a certificate of beneficial rights to the above site to M, etc. after completing a collateral trust for the above officetel site and building, and on April 22, 2010, respectively, issued a certificate of beneficial rights amounting to KRW 4.5 billion in total issued to M, etc. to seven creditors, including the issuance of the certificate of beneficial rights to the above building site and building, while at the request of the first priority beneficiary, the above trust company is the trustee company.

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