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(영문) 서울고등법원 2018.06.20 2018노490
특정경제범죄가중처벌등에관한법률위반(사기)
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All prosecutor's appeal against the Defendants is dismissed.

Reasons

1. Around February 2012, the Defendants entered into a contract with the victim H and I on the ownership of each 1/2 share in the name of the victim, but in fact, the Defendants purchased the building of 1.9 billion won on the ground of the Daejeon-dong, Daejeon-gu, Daejeon-gu, which is the victim’s ownership (hereinafter “the building of this case”). The Defendants agreed on a contract with the Defendants to sell the building of this case by the construction of the building of this case at the studio and sell it by the method of satisfaction of the substitute.

During that period, the victim requested the defendants to guarantee their intent or ability to pay the balance by actually carrying out the studio construction of the building of this case, and the defendants were willing to make false documents and deceive the victims.

Accordingly, the Defendants, at the office of Defendant A located in Songpa-gu Seoul Metropolitan Government around February 24, 2012, conclude that the studio construction work of the instant building was awarded to Defendant B to Defendant B, a middle school building constructor, and that all the construction cost was paid, in order to pretend that the Defendants were paid the construction cost. However, the written indictment concerning M and the above studio construction is written as “2017.” However, the written indictment appears to be written as “2017.

2. On the back of February 17, 2012, a written contract was signed by the Defendant A, and received respectively a false confirmation and receipt that the Defendant A paid the construction cost of KRW 300 million to M on February 17, 2012, and KRW 600 million on or around February 24, 2012.

On March 27, 2012, the Defendants entered into a sales contract with the content that Defendant A would purchase the instant building from the injured party at the victim’s office located in Seongbuk-gu, Sungnam-si (hereinafter “instant sales contract”) of KRW 1.9 billion ( KRW 1.1 billion in equity, KRW 50 million in the victim’s name, KRW 1.1 billion in equity, KRW 1.1 billion in the victim’s name, KRW 1.85 billion in the remaining amount, and KRW 1.85 billion in the remaining amount, and KRW 1.85 billion in the purchase contract), and entered into a false contract, confirmation letter, receipt, etc., prepared in advance as above, to the victim, and deliver the victim “O representative in Seocheon-gu” to the victim as the construction cost of the instant building.

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