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(영문) 서울동부지방법원 2016.09.23 2015고합223
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Imprisonment with prison labor for the crimes of No. 1 and No. 2 of the judgment of the defendant, and for the crimes of No. 2 of the judgment of the defendant, two years and six months.

Reasons

Criminal facts

[2] On April 3, 2013, the Defendant was sentenced to a suspended sentence of three years for a period of one year and four months for fraud at the Seoul Eastern District Court.

7.20. The judgment became final and conclusive.

[Criminal facts]

1. Each fraud committed against the victim G and H [2015 Gohap 223] The Defendant is a person running a J Co., Ltd. (hereinafter “J”) in Songpa-gu Seoul Metropolitan Government I, a sales agent.

On April 208, 2008, the Defendant would sell the victim G and H with “Seoul Songpa-gu L Commercial Building (hereinafter “instant commercial building”) No. 113 (hereinafter “instant store”) for KRW 1.5 billion.

The intermediate payment of KRW 500 million is set off against the existing claim and the remainder KRW 500 million is paid with the instant store as security.

“A false statement,” and the same year

6. 11. The victims entered into a contract for the sale of commercial buildings directly with the victims as if they could sell the store of this case normally under the above conditions.

However, on July 2007, the Defendant decided to purchase the above commercial building in a lump sum, and paid the down payment with a loan of KRW 30 billion from the right to guarantee the teaching right, and then intended to pay the remainder as the sales price received by selling the above commercial building. However, on March 2008, the Defendant received a loan of KRW 20 billion from the National Bank around March 2008 and paid the sales price.

In the process, the Defendant concluded a trust agreement with the Korean Land Trust Co., Ltd. on the instant commercial building through an agreement with the Korean National Bank. According to the agreement with the Korean National Bank, the sales price of the commercial building should be deposited into the account designated by the National Bank (hereinafter “trust account”), but the Defendant could sell the commercial building.

On the other hand, the defendant has properly sold the commercial building of this case.

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