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(영문) 서울동부지방법원 2016.02.17 2014고단2227
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, around January 201, 201, established E Co., Ltd. to conduct real estate development and test business and build E Co., Ltd., and Defendant A, and Defendant B, while taking charge of financial management, managed the said company together.

On May 19, 201, the Defendants, at the above office of the company located in Songpa-gu Seoul Metropolitan Government F on May 19, 201, may make profits equivalent to KRW 20 to KRW 3 billion if the Defendants, upon acquiring from the victim G the company I (hereinafter referred to as “I”) with a business right for the sale of H market reconstruction-related housing units, engage in the sales agency business.

The amount of KRW 70,000,000 to be received shall be paid in full within three months with interest on the loan of KRW 70,000,000.

The phrase “ makes a false statement.”

However, on April 201, 201, around 101, I was in a situation in which it is impossible to carry out the sales agency business by accepting I as it was in the condition that it actually renounced the sales agency service contract with the HH market conference and prepared an agreement on the termination of the sales agency contract. However, on April 12, 2011, I did not pay KRW 80 million to the HH market conference, which is the project implementer, due to the termination of the sales agency service contract, and even if I takes over I under the condition that the right to carry out the sales agency business related to H market is extinguished, I was unable to carry out the sales agency business."

Witness

According to the statement of K, L, M, etc., L without the authority to represent the H market prosperity is the representative, and after concluding a service contract with I for sale agency with I, it was individually demanded to lend KRW 80,000,000 to him/her, and I decided to terminate the sales agency service contract and prepare the termination agreement. It seems that H market prosperity was determined that the contract becomes null and void after receiving return of KRW 70,000,000 already paid to H market prosperity.

Therefore, I was not obligated to pay KRW 80 million to H market prosperity, but the sales agency service contract is terminated finally.

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