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(영문) 서울중앙지방법원 2018.05.08 2014고합625
사기등
Text

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

Reasons

Criminal facts

To the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

[criminal records] On June 11, 2014, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Seoul Central District Court, and on October 29, 2015, the said judgment became final and conclusive on October 29, 2015. On November 10, 2017, the Seoul Central District Court sentenced one year and eight (1) months of imprisonment for fraud, etc., and the said judgment became final and conclusive on November 18, 2017.

[2] In the case of a real estate company B (hereinafter “B”) and below, the Defendant, a real estate executor company, is exempt from “stock company” in the name of the company.

B is a person operating B, and B entered into a contract to purchase “Seong-gu, Seo-gu, Incheon Metropolitan City C Site” from the Korea Land and Housing Corporation in around 2007 and promoted the new construction of a multi-family apartment complex D on the said site, the sale price was not paid, and the sale price was not notified by the Korea Land and Housing Corporation on November 16, 201.

The defendant concealed the cancellation of such contract from others and planned to pay the employee and to prepare the litigation costs with the above Korea Land and Housing Corporation in order to receive money under the pretext of various construction works D related to D.

1. On January 7, 2012, the Defendant against the victim E, who operated G, an electrical construction company, at a B office located in F in Jung-gu Seoul Metropolitan Government on January 7, 2012, “a loan of KRW 100 million with D Corporation funds. H is determined as a contractor in March, and at that time, G is able to independently perform the construction of electricity, fire fighting, telecommunications, etc. and return money.

“......”

However, the Defendant was selected as the contractor after the cancellation of the D Site Sales Contract between B and Korea on November 16, 2011.

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