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(영문) 수원지방법원 안산지원 2016.05.27 2015고단4031
사기등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant A is a person engaged in a construction business, and Defendant B is a person working at a real estate brokerage office.

[Presumption Facts] The construction site of G apartment in progress in the construction project in the area of 9,265 square meters outside Seo-gu, Seoan-gu, Seoan-gu and 15 square meters, was commenced on November 7, 1997 after obtaining approval for the construction project plan from Song Construction Co., Ltd. on and around November 7, 199, the project operator was changed to H Co., Ltd. on December 31, 199, and on December 27, 2001, the project operator was changed to one-person comprehensive construction corporation by the project operator. On October 18, 2007, the project operator was changed to H Co., Ltd. on June 7, 201, and the project operator changed to another H Co., Ltd., Ltd. on June 7, 201. In order to resume the construction project normally, the construction project was suspended after the completion of the construction project, and all of the related creditors and construction expenses required to resume the construction project.

[Criminal facts]

1. On April 1, 2013, Defendant A’s fraud: (a) drafted a “agreement” with the purport of being provided with all documents necessary for the progress of construction instead of promising investment to the said H representative director I; (b) was entitled to sell the said G apartment; and (c) was committed with intent to acquire money from another person by deceiving the said apartment as if it was a general apartment, even though the said apartment is completed, and it is impossible to sell it by entering into a leased apartment.

After that, on April 2013, the Defendant, at the K real estate brokerage office located in the Hasan-siJ of Ansan-si on April 2013, L and B, a real estate broker, “The implementation of the G apartment construction site is H, the present progress of 80%, and the completion of the construction is possible after 3-4 months, and the general sale is possible.

The sales agency will be entrusted to the parties.

The service fee for the selling agency is 7% of the selling price, and the selling price is 430 to 490 million won per square, and it is appropriate to grasp it.

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