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(영문) 서울북부지방법원 2016.02.16 2013고단1002 (1)
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[The criminal records and relationship between the defendant and B (the separate judgment of September 18, 2014)] The defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor at the Seoul Central District Court on July 25, 2007 and a suspended sentence of two years for fraud.

8.2. As of the person for whom the above judgment became final and conclusive, at the Incheon District Court on August 27, 2015 (Seoul High Court 2013 High Court 2037) sentenced him/her to imprisonment for embezzlement and fraud, the sentence is being executed for a period of three years and six months.

As a result, C(State) representative director is established for real estate development business, etc.

B A around 2004, acquired D for the purpose of real estate sales agency business, etc., but it was impossible to establish a company in its own name under its bad credit condition. As a result, F, an employee of the company, was the representative director, and the Defendant was aware of the fact that he introduced investors in order to enter into a sales agency contract with respect to the construction of a multi-use apartment in the state located in G around 2004, which was implemented by Dong, around 2004.

[Criminal facts: The Defendant committed the act of fraud of newly constructing apartment in the Namyang-si of the Defendant: (a) paid 1.5 billion won of the site purchase price for the construction of a complex apartment in the Jeju-si located in G from around September 2004 to around September 2005; and (b) the contract was terminated and the contract was not operated in particular because it did not prepare any balance after paying 3.5 billion won of the site purchase price for the construction of a new apartment in the Jeju-si located in G.; (c) around April 2006, the representative director J of the I and the above I came to know through H and the above I paid 1.5 billion won of the land purchase price for the construction of the new apartment in the Nam-si located in the Namyang-si, where the said I had been in progress. (d) The Defendant loaned 1.0 billion won of the land purchase price for the construction of the new apartment in the Republic of Korea-si, and paid it to the above I under the pretext of the contract deposit.

After that, the Defendant had failed to prepare business expenses, such as the balance, as in the apartment project located in Ansan-si, and it was difficult for the Defendant to operate the project jointly with the said I to reduce the exclusive sales agency business to other persons.

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