logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.11.08 2018고합8
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. Defendant A shall be punished by imprisonment for three years.

However, the above sentence shall be executed for a period of five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A was the representative of the P Co., Ltd. (hereinafter referred to as “P”), who was an apartment sales agent of the apartment (O apartment; hereinafter referred to as “the apartment of this case”), located in Yeongdeungpo-gu Seoul Metropolitan Government, and Defendant B was the chief of the management office of the sales agency of Q Q Co., Ltd. (hereinafter referred to as “R”) established by the Defendant A to provide services for the formal re-sale of P, on behalf of the public. The chief of the management office of the sales agency of the sales agency of this case is the company operated by the Defendant A, and both P and R are all the companies operated by the Defendant, and there is no difference in the business or role of the two companies in actual connection with the sales agency of the apartment of this case, and there is no actual profit to distinguish these two companies on the record, and the two companies are referred to as “the sales agent of this case” in this case, except in the case of separate entry of the above two companies.

employee was the employee of the Commission.

In a situation where there are not many applicants for the purchase of the apartment of this case, the Defendants subscribed for the purchase of the apartment of this case by publicizing that the total amount of the purchase right or the down payment can be refunded according to the intention of the contractor in order to increase the performance of the apartment of this case. In fact, the Defendants did not have the intention or ability to resell the sale right to the contractor even if they receive the money as the price for the contract from the contractor under the circumstances where the resale right is not easy, even though they did not receive the money from the contractor under the pretext of the price for the sale contract.

In addition, in order to increase the sales performance of the apartment of this case, the defendant A and B do so by publicizing as if they would sell the apartment of this case at a lower price than the initially established quantity, and there is no indication that they were ordered or understood by the NN Housing Association (hereinafter “the Association of this case”) to sell the apartment of this case.

arrow