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(영문) 서울중앙지방법원 2019.02.14 2018고단3488
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Central District Court on December 10, 2009, and the judgment became final and conclusive on July 5, 2010. On May 31, 2012, Defendant A was sentenced to eight months of imprisonment for the crime of forging private documents, etc. at the same court on May 31, 2012, and the judgment became final and conclusive on August 17, 2012.

Defendant

B was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court on May 18, 2012, and the judgment became final and conclusive on August 18, 2012. On May 31, 2012, the judgment was finalized on August 17, 2012 after having been sentenced to eight months of imprisonment for the same crime, etc. by the same court. On February 5, 2014, the same court was sentenced to one year of imprisonment for an occupational embezzlement and became final and conclusive on May 12, 2014.

【Criminal Facts】

Defendant

A In relation to the real estate development project that constructs the 12th floor neighborhood living facilities (hereinafter “K building”) on the 4th floor site in Seocho-gu Seoul Metropolitan Government, G, H, I, J, and other four lots of land (the representative F) around July 2007, A was in charge of the land owner or the owner of the above ground building so that the said project can be smoothly implemented by acquiring the ownership from the said owner or the owner of the above ground building, and the Defendant B entered into a contract with the Defendant A for the sale of the newly constructed building on March 2, 2008.

The defendants introduced the victim P at the office of Songpa-gu Seoul N on June 5, 2008 to the victim P, the defendant A to the representative of the executor of the real estate development project, and the defendant B to the representative of the seller agency, respectively, and then falsely stated that "the corporation is Q Q and is allowed to sell from September 2008 due to the selection of a financial company, and the commercial R and S are allowed to sell from September 2008, and the subscription amount shall be paid KRW 800,000,000,000,000 won including the principal and the profits, until September 2008."

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