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(영문) 서울중앙지방법원 2013.03.28 2012고합87
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who acquired D Co., Ltd. from E to KRW 350 million on March 12, 2003 and worked as a representative director from January 13, 2004.

D Co., Ltd. entered into a contract with FF Co., Ltd. on March 20, 202 to acquire a rental housing construction business right and a ground building with the 11th floor rental apartment building construction right and a 470 unit of land on the 11st floor lease apartment building, G orchard and 11 unit of land, but the above construction was suspended from October 2001 due to financial shortage. At the time of the above acquisition agreement, D Co., Ltd. shall pay to F Co., Ltd the acquisition price of KRW 1.3 billion after receiving the 3th unit of the Housing Fund in installments to F Co., Ltd., and paid the acquisition price to F Co., Ltd. within one month from the following day of the execution date of the contract, even if the contract was determined to be automatically null and void, and thus, the Defendant did not own the above rental housing construction business right as the operator of D Co., Ltd., and did not have any intent or ability to implement the business, and did not have any business ability or ability.

On August 21, 2004, the Defendant did not pay KRW 1.3 billion to F Co., Ltd. at the office of D Co., Ltd. the acquisition price of a rental house construction project to be paid to F Co., Ltd.; thus, the acquisition price of a business right can be revoked at any time and at any time, the contract for acquisition of a business right can be revoked. Notwithstanding that the Defendant did not have the intent or ability to modify the rental apartment with the apartment unit for sale, the victim H

2. If three persons, such as the victim, I, and J, invest 6 billion won in money, payment of KRW 2 billion to the land owner and KRW 3 billion to be paid to the lien holder would continue to implement the said housing project and modify the leased apartment as a parcelling-out apartment.

3. In the case of apartment sale business, net profit is 10 billion won, and 70%.

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