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(영문) 서울중앙지방법원 2018.02.21 2017고합406
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

However, from the date this judgment became final and conclusive, the defendant.

Reasons

Punishment of the crime

To the extent that the prosecutor does not disadvantage the defendants' defense right, part of the facts charged were corrected or revised according to the facts obtained through the examination of evidence without the amendment process.

"2017 Gohap 406"

1. Defendant B’s non-guilty Defendant is the actual operator of D Co., Ltd. (hereinafter “D”), and A is the representative director of the said company.

After the Defendant returned to the failure of the Gyeonggi-gun E and F’s construction and sale of a housing complex for electric power resources on the land, the Defendant shall promptly resolve the land problem from G, the owner of the said land, and shall sell the land and pay the money to H.

The term " was continuously receiving demands."

In the meantime, the Defendant may purchase the said land from G and resolve the problem, if he/she created a growing project by using the technology owned by a person of I with the nature of mushroom growing technology around November 2013.

“To hear the word “” and become the subject of D, and to promote the project.

Therefore, the Defendant, along with A around December 2013, 2013, proposed that “A would show a mushroom growing project introduced by A. The land was confirmed as having been to receive loans from K to 900 million won as collateral at the time when the construction of the land site for electric power supply was conducted in 2009. The land owner wanted to purchase the land.

In order to receive a large amount of a loan, the "business contract" in which the purchase price is paid shall be paid by the land owner G, instead of paying the purchase price.

The phrase “P” means that on April 14, 2014 with the consent of the actual investor L and M, J drafted a “business contract” in which the purchase price is set at KRW 2.28 billion with respect to the said land, and the seller G and the buyer at the time of entry into the said I and the P Co., Ltd. (hereinafter “P”), which is operated by N and O, shall register the transfer of ownership in the future, and KRW 700 million out of the land price.

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