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(영문) 서울중앙지방법원 2013.11.05 2013고단2745
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant, 50,000,000 won and 45,000 among them, shall be applied to D who is applied for compensation.

Reasons

Punishment of the crime

[Criminal Experience, etc.] On August 26, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court on November 11, 2010, and the said judgment became final and conclusive.

The Defendant operated the planning real estate company called "J" in Gangnam-gu Seoul Metropolitan Government I.

【Criminal Facts】

On June 2006, the Defendant made a false statement to the effect that “The Defendant is conducting M apartment construction business at K in Gangnam-gu, Seoul at K in Seoul at approximately 34,852, and that “The Defendant would purchase te (n, 40 years of age) with a maturity of KRW 120,000,000,000,000,000,000 won and more than KRW 300,000,000,000 won and more than KRW 12,000,000.”

However, in fact, in K Co., Ltd., a real estate development implementation company, purchased and removed existing buildings on land in Gangnam-gu, Seoul, Seoul, which are 34,852, and newly built a high-class apartment with approximately 1200 households. However, the first phase of the apartment project for the apartment project was not completed, and it was unclear whether the apartment project can be changed to a Class-II general residential area that can build an apartment building with the size of 63,200 square meters designated as a Class-I exclusive residential area among the above apartment project sites, and it was unclear whether the apartment project is the nature of the apartment project. Since the "Rules on Housing Supply" provides that general occupants, other than members, etc., should open recruitment by drawing lots, it was legally impossible to purchase apartment buildings even if they purchase the apartment site.

In addition, the defendant was investigated by the Seoul Dong District Prosecutors' Office about March 2006 as a fraud related to the sale of the above apartment right, and around April 2006, the N, etc. instructed the sale of the above apartment right to move into the above apartment was known to be detained in the above case, and therefore, the defendant was the name of the purchase price for the above apartment right from the victim.

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