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(영문) 수원지방법원 2016.01.22 2015고합463
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for one year.

However, from the date this judgment becomes final and conclusive, each of the above punishments shall be executed for two years.

Reasons

Punishment of the crime

Defendant

A is an internal director of a corporation I (hereinafter “I”) that newly built 10 units of “Ground bean Housing” under the name of H at approximately 1,200 units of land (14 units of land, 28 units of land, 14 units of land, 28 units of land, 14 units of land, 14 units of land, 14 units of land, 28 units of land in the vicinity of the 6th forest and field near Osan City F (the road name address is Osan City G), and Defendant B has invested in the project and has arranged the loan of financial rights.

Defendant

A purchased the above forest and field around January 28, 2012 and commenced the construction of H 20 households around June 28, 2012 with a building permit granted around 10,000, but the construction was discontinued for a long period of time after June 2013 due to the shortage of funds. From around November 15, 2013, J issued the first sale contract for real estate at the order of 05,000,000 won for each of the instant construction projects (from November 18, 2013 to January 31, 2014) except for electrical construction and civil construction, and the first sale contract for real estate at the order of 105,000,000 won for the construction cost, and the first sale contract for real estate at the order of 10,000,000 won for each of the instant housing and housing construction works at the order of 15,015,000,000 won for each of the instant construction projects.

Accordingly, the J has resumed the internal construction on August 30, 2014 and completed the completion and approval of the use of H 20 households. During the said internal construction work, the J did not have any separate construction funds and agreed to appropriate the loans from the victim M with the construction fund by means of L, the bromoer, etc., first, the Defendants agreed to cover the loans from the victim M with the construction fund. Defendant A is the principal amount of KRW 300 million on April 14, 2014.

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