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(영문) 대전지방법원 천안지원 2012.09.05 2012고합78
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, a real estate development company, is a person running D (hereinafter referred to as “D”), and the victim E operates F Co., Ltd., a company implementing apartment construction projects (hereinafter “victim company”). The Defendant purchased the unsold housing unit of the Cheongju-gu H apartment (hereinafter “H apartment”), which was introduced through G, from the victim who was introduced through the Doin G, on credit, and borrowed the money as security, and used the money as a site purchase fund for the development of the industrial site of the land (hereinafter “I land”).

Around May 1, 2008, the Defendant purchased the victim’s existing loan obligations in lieu of payment of 8.6 billion won from the victim’s existing loan obligations to the victim, and the remaining price of 88,250,000 won shall be paid in full until December 27, 2008, and the price shall not be paid in full until February 25, 2009, if the victim completed the registration of ownership transfer to the defendant’s side, and the price shall not be paid in full until February 25, 2009, by converting the amount of the above apartment owned by the defendant into the size of KRW 1.68,825 million from the date of development.

On May 208, 2008, the Defendant continued to sell H apartment 102, 602, 102, and 602 (in addition, H apartment 102, 304, 201, 101, 201, and 301 purchased from the victim prior to the Defendant (hereinafter “the apartment of this case”) to the victim at KRW 28,0539,000,00 of the purchase price, and instead of paying KRW 122,00,00,000 of the purchase price, the right to collateral security was established in the above house.

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