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(영문) 인천지방법원 부천지원 2014.10.21 2014고단386
사기
Text

Defendant

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

on the part of the defendant B.

Reasons

A. The Defendant B’s participation in the instant crime, and the details of the instant crime, the Defendants’ age, character and conduct, and environment, etc. are comprehensively considered, and the sentence is determined as ordered in light of various sentencing conditions indicated in the instant argument.

Parts of innocence

1. On November 21, 2011, the Defendants entered into a guarantee agreement with the Korea Housing Guarantee Co., Ltd. and the building of this case with the content that the guarantee contract for the sale of housing units, or the down payment paid by the seller for the sale of housing units, or the part payment refund liability. Accordingly, the Defendants clearly stated that the house guarantee for the announcement of invitation of residents is the down payment and the part payment, and stated the house guarantee for the pre-sale advertisement’s pre-sale advertisement’s pre-sale advertisement’s pre-sale advertisement’s pre-sale advertisement’s pre-sale contract’s contents of the above guarantee agreement and one bank account (1005-382-048*) with the trust account designated by the house guarantee for the deposit account for the proceeds of sale, as well as the in

Nevertheless, the Defendants, upon the shortage of business funds, such as loan interest and construction cost, received money from the account in H’s name, rather than the said bank account designated by the Housing Guarantee for the Sale Price. On March 15, 2012, the Defendants concluded a sales contract in which the “Korean Housing Guarantee” guarantees the performance of sale or the refund of the sale price, with respect to the “Korea Housing Guarantee” and the “Korea Housing Guarantee” for the “Korea Housing Guarantee” for the “Korea Housing Guarantee” for the “Korea Housing Guarantee” for the “Korea Housing Foundation” and the “Korea Housing Foundation” on March 15, 2012, and directed F to deposit the down payment and the intermediate payment into the account in H’s name.

However, in fact, the Defendants knew that the sale price paid to the account other than the above trust account as specified in the contract for sale does not have the effect of the guarantee of housing for Korea, and there was no intention to allow the F to carry out the sale of housing or guarantee the refund of the sale price in accordance with the contract for sale.

Defendants.

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