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(영문) 서울남부지방법원 2008.10.01 2007고단3822
사기
Text

Defendant

A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for one year.

The number of detention days before this judgment is rendered.

Reasons

Punishment of the crime

Defendant

A is a person who carries out a remodeling project through an agreement with the owner of the building by establishing the Yangcheon-gu Seoul Metropolitan Government Jindo operator and the owner of the building, the owner of the building, the executive director of the K, and the defendant C, the representative director of the K in 2002, and the defendant B and C, and the defendant B and C, the representative director of the K in 2002, and by finding out the goods to be transferred to an auction such as the Dongdong-dong, Sungnam Lina, Seoul M Myna, and Nurel, and reporting the amount of the construction, and then dividing the profits accrued therefrom with the owner of the building.

Defendant A, who is the owner of Jari or a building, obtained a large amount of loans from the Korean bank and operated a business, but it became difficult to pay interest, and Defendant B and C, who became aware of this fact, will proceed to remodel the building in this building and suspend payment of interest at an appropriate point of time, at the Korean bank. Therefore, Defendant B and C reported a lien equivalent to KRW 1.8 billion in excess of the construction amount at that time, and would be able to proceed to an auction at the Korean bank. Accordingly, if the successful bidder received the construction amount unrefilled from the successful bidder, they would be divided into KRW 1.8 billion in the construction amount by one-third of each other, and the Defendant A agreed to do so.

As above, it reported large amount of lien for the construction cost, and collected construction cost from the successful bidder and divided it among them, and even if the victims received the deposit from the victim'sO for the reason that funds such as remodeling construction cost and bank funds will be raised from each service provider up to the auction procedure, it was thought that there was no intention to use and return it as the construction cost, etc., and that the building of this case will immediately enter the auction.

Nevertheless, on October 19, 2005, the Defendants are the owner of the building of the Mana. The facts in the above Jinna are the victim'sO (the age of 45 at that time).

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