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(영문) 청주지방법원 충주지원 2019.08.29 2019고합7
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

To the extent that there is no substantial disadvantage in the defendant's exercise of the defendant's right of defense, part of the charges were revised.

On May 3, 2018, the Defendant was sentenced to imprisonment with prison labor for the preparation of qualification-based private documents at the Cheongju District Court on May 3, 2018, and the said judgment was finalized on October 25 of the same year.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was elected as the representative of the clan on March 14, 2007 through the special general meeting of the clan B (hereinafter “instant clan”). However, on June 18, 2010, the Cheongju District Court rendered a judgment (Cheongju District Court 2010Kahap269) that “the resolution that appointed the Defendant as the representative of the clan from the special meeting of the clan on March 14, 2007 is null and void,” and the said judgment became final and conclusive, and the said clan was elected as the representative of C through the special meeting of the clan on July 17, 2010, but on May 22, 2012, received the decision from the Seoul High Court on the application for permission to convene the special meeting of the clan from the Seoul High Court (Seoul High Court 201Ra1828) to the clan on June 30, 2012, the Defendant misrepresented the above real estate by misrepresenting the representative of the clan.

The Defendant, on July 6, 2016, proposed to purchase six parcels of land (hereinafter “instant land”) located in the name of the instant clan by presenting the letter of delegation, etc. of the members of the clan on January 7, 2007, which were known to the Defendant at the victim G Co., Ltd. (hereinafter “victim”) (hereinafter “victim”) office in Gwangjin-gu, Seoul, that came to know in the course of the introduction of branch members, “the representative director H and the actual representative president who was delegated the sale of the real estate owned by the clan as the representative of the clan. It was decided at the general meeting of the clan.” The Defendant would purchase six parcels of land (hereinafter “instant land”) from the Defendant’s wife, K, L, M, N, O, and forest in the name of the instant clan. It concluded a contract with the victim to trade the instant land for KRW 7.2 billion in the purchase price.

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