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(영문) 서울중앙지방법원 2014.06.13 2012고단6617
사기
Text

Defendant

A and C shall be punished by imprisonment for one year, by imprisonment for six months, and by imprisonment for two years and six months, respectively.

Reasons

Punishment of the crime

Defendant

A was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court on June 29, 2012, and the judgment became final and conclusive on March 14, 2013. On December 14, 2012, Defendant B was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court on December 14, 2012, and two years of suspended execution, and the judgment became final and conclusive on March 14, 2013.

【Defendant A operated L in Gwanak-gu in Seoul Special Metropolitan City. Defendant B served as the head of the above L as his wife, Defendant C operated N in Dongjak-gu Seoul Metropolitan Government P, operated Q Q in Seongbuk-gu Seoul, and Defendant D worked as the head of the office from Q from the above Q.

R from around 2003, from around 2003, R was running an apartment project by the method of a regional housing association at the Dongjak-gu Seoul Metropolitan Government, and the Defendants sold or arranged the membership subscription certificate (tentatively referred to as the “T District Housing Association”) of the “T District Housing Association.”

1. On November 2005, Defendant A, and Defendant C established a T Regional Housing Association to the victim U and the victim V from the above N on the ground that “(State) is conducting an apartment project.” The Seoul Dongjak-gu Seoul Metropolitan Government land subject to the project should be purchased more than 70% of the land subject to the project, and it is possible to move into an apartment after 3 to 4 years, and if it purchases the membership certificate, it can be a member of the said association, and it may move into a new apartment at a low cost in the future.” In this case, Defendant B had one membership certificate and sold the said certificate inevitably due to personal circumstances.

However, at the time, T Regional Housing Association did not have its substance in the state of non-authorization, and there was no fact that R had completed at least 70% of the land in the above project site, and the above project site is the WW Housing Redevelopment Association with a separate apartment construction project in the form of redevelopment partnership.

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