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(영문) 서울중앙지방법원 2012.06.13 2011고단3523
사기
Text

A defendant shall be punished by imprisonment for four years.

The defendant shall obtain money from F, who is an applicant for compensation, 182,721,40 won, and shall obtain money from F, 97.

Reasons

Punishment of the crime

The defendant is the representative director of Q Q Co., Ltd., a real estate development and consulting company, who newly built and sold the R building in Dongdaemun-gu Seoul Metropolitan Government.

On June 15, 2006, the defendant was sentenced to one year of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Northern District Court on June 15, 2006, and the sentence was finalized on June 23, 2006. On February 24, 2012, the Seoul High Court sentenced five years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and is still pending in the trial

On August 25, 2002, the Defendant entered into a sales agency contract with S on behalf of the Co., Ltd. with regard to the sale of commercial buildings in question, and caused S Co., Ltd to sell commercial buildings (the first sale in lots) by December 31, 2002. However, the unsold sales price occurred at least 30%, among which the unsold sales price occurred, and the substantial part of the deferred sales price (the column exists or the form is not standardized) and the seven commercial buildings were not sold in lots. On March 25, 2003, the Defendant entered into a sales agency contract with T Co., Ltd. to sell commercial buildings in lots.

(2) The Defendant was aware of the fact that, in the case of a dual-class unit, the columns are located in the store and the size of the units cannot play a role as a properly commercial building to the extent that the store is 1/4 of the exclusive use area of the store, and thus, it is impossible to sell the buildings properly if they are true. However, on March 2003, the Defendant did not properly notify the problems of the columns by stating that, in the above U.S. sales office, the representative director, the head of the headquarters, the head of the sales team, and the employee in charge of the sale of the building provide education on the characteristics of the commercial building related to the sale of the building or the oil points at the time of the sale of the building in the mother place and without mentioning the actual size of the columns in the different-class unit.

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