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(영문) 서울북부지방법원 2017.01.13 2014고합298
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Acquittal of the accused shall be acquitted.

Reasons

1. The summary of the facts charged is a person who specializes in the sale and purchase of occupancy rights arising from the expropriation of land, etc. under urban planning. The defendant, in collusion with the above F, sold the occupancy rights related to the above building to the Seoul Dongdaemun-gu Seoul and Dongdaemun-gu Seoul, even though it was not possible to grant the occupancy rights to the building removed in G and Dongdaemun-gu Seoul.

A. On February 1, 2007, the Defendant against the victim I decided to sell the right to move into the building located in Dongdaemun-gu Seoul Metropolitan Government with F around February 2, 2007. The Defendant introduced the said right to move into the building in sequence by J, K, and L, and eventually, M around March 12, 2007, at the office of the “O officially certified broker” in Mapo-gu Seoul Metropolitan Government N apartment 3 complex, the Defendant purchased the instant house to the victim I without a molding the right to move into the national housing in the East-gu Office.

This point is to be known to the defendant who is a public official of the Dongdaemun-gu Office.

"......" The defendant will have the right to move in to M in the house and office of Dongdaemun-gu in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, on March 2007.

In order to grant the current occupancy right, it was said that it was internally known to the head of the Gu to approve.

As a result, the Defendant, in collusion with F, received KRW 156 million from the injured party through M.

B. With knowledge that the Defendant of the Victim P, Q and R could not be granted the right to move in with respect to the building removed in Dongdaemun-gu Seoul, F would be paying the face value introduction fee to the real estate broker, such as K and S, by reding those who wish to obtain the right to move in with respect to the above building.

In addition, the defendant agreed to obtain money from those who wish to obtain the right of occupancy by asking questions that those who wish to obtain the right of occupancy has the right of occupancy.

Accordingly, the defendant is S.

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