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(영문) 의정부지방법원 2014.07.22 2013고단4390
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On July 4, 2008, the Defendant was sentenced to a suspended sentence of two years at Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud), and the same year.

7.12 The judgment became final and conclusive.

【Criminal Facts】

The Defendant, as the representative director of the Co., Ltd., Co., Ltd., a multi-family housing construction executor, intended to implement the development project at D in Yangyang-si, Namyang-si, but the said development project was not sufficient to cover the purchase cost through the PF loan from financial institutions due to a large project requiring purchase funds of at least KRW 400 billion in total, and it was insufficient to attract the participation of the contractor in construction.

In addition, the defendant, through real estate broker E, sought a written consent for sale from the "F" holding approximately 50% of the land subject to development project, but intends to sell the land owned by a clan, he/she shall hold a general meeting after resolution by the board of directors, which requires the consent of at least 2/3 of the members present at the general meeting. The above clan has reached about 70,00 members and it was impossible to receive a written consent for sale because it was divided into several branches among the large-scale types of 31 members.

In addition, on December 5, 2006, the defendant was accused of 1 billion won by deceiving from H on the part of the investor G on the part of December 5, 2006 and was under investigation, and the fact that it was not possible to prepare for operating expenses of the office was not made by the victim I but did not have the intent or ability to repay the money by promoting the above development project.

Nevertheless, the defendant, around 16:00 on January 31, 2007, is carrying out the project to develop a planned district of the industrial cooperative district in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "Seoul Metropolitan Government") in the inception shop in Gangnam-gu, Seoul, but the agreement with the financial institution, the Si corporation, and the F clan, the landowner, is completed.

Since the project site is short of funds, the urgent situation is 200 million won, up to March 19, 2007, 200 million won.

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