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(영문) 의정부지방법원 2018.11.30 2018고합105
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

On January 20, 2017, the Defendant had been sentenced to nine months of imprisonment for an occupational breach of trust by the District Court on the part of the Defendant, and the judgment became final and conclusive on April 27, 2017.

Punishment of the crime

From July 12, 2007 to September 6, 2013, the Defendant substantially operated the Section (C) (hereinafter “C”) (hereinafter “C”) as a real executor of real estate development in both weeks.

On August 2013, the Defendant is expected to obtain a loan of KRW 8 billion from G via H to the manager of the victim (hereinafter “victim F”) at the site of construction of a new penture E on the ground (hereinafter “instant penture site”) on the 1,365 square meters and 15 square meters (hereinafter “the instant penture site”) in Yangju-si, Yangju-si.

Upon completion of the E-pented construction, C’s debt of KRW 3.5 billion out of the above KRW 8 billion shall be repaid to the victim F with the remaining amount, and 4.0 billion out of the construction cost due to E-pented additional construction work shall be preferentially paid.

In addition, in order to secure the payment of construction cost, C and management rights will be offered as security.

2. The term “assumed.”

Then, on September 2, 2013, the Defendant presented to G a list of liabilities “C’s obligations” of KRW 3,563,816,610 (hereinafter “instant list of liabilities”). G trusting this list is 3,86,000,000 won (including value added tax) between the Defendant and the Defendant who represented C on behalf of the victim F, and the construction period between September 10, 2013 and January 31, 2014, the Defendant confirmed that the additional construction contract (hereinafter “the instant additional construction contract”) and the additional construction contract (hereinafter “the instant additional construction contract”) will be 2.42,487,610,000 won and the total construction price to be paid to the victim F would be 3,000,000,000 won (hereinafter “the instant additional construction contract”). The additional construction price to be paid by the victim F would be 2.3 billion,000,000 won (hereinafter “the aforementioned additional construction contract”).

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