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(영문) 서울중앙지방법원 2016.05.25 2016고단695
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] On May 12, 201, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Eastern District Court on May 22, 201, and the judgment became final and conclusive on May 22, 2011. On February 7, 2013, the judgment became final and conclusive on February 12, 2013, upon being sentenced to eight months of imprisonment for fraud at the Suwon District Court, and on September 26, 2013, the Seoul Southern District Court sentenced to one year of suspended execution to six months of imprisonment for fraud, and became final and conclusive on October 5, 2013.

[Criminal facts] The defendant is the representative director of Gangdong-gu Seoul Metropolitan Government (State)C established with the aim of rebuilding apartment units by establishing a regional housing association in Gangdong-gu.

On January 14, 2009, the Defendant stated that the Defendant would sell a house at a discount of 50 million won in general quantity, or compensate for the amount of money times after the determination of a district unit plan, through G, which is an employee of the said (State) EE, who is aware of the fact at the office (State F) where the Defendant entered into a sales agency contract with the Defendant for the purchase of the building in Gangnam-gu Seoul Metropolitan Government (State F), through G, which is an employee of the said (State)E, for the implementation of a housing redevelopment project in the Seoul Gangdong-gu Seoul Metropolitan Government B, and if it is impossible to move into a house at a discount of 50 million won in general quantity, or if it is impossible to move into a house due to a member’s personal condition, the Defendant would make a public announcement of the decision

However, in relation to the above apartment reconstruction project, the date of authorization for the implementation of the project could not be known at any time since the project plan was not submitted to the competent authorities at the time, and the defendant did not intend or have ability to implement the project by establishing the partnership within one year, which is the period of investment agreement, because the defendant did not have any intent or ability to make profits by establishing the partnership or to make profits, because the defendant did not have any capacity to secure the right to use the land, such as approval for the use of the land for the implementation of the project, on the ground that there was a lack of funds to secure the right to use the land for the implementation of the project, and there was a lack of funds to secure the right to use the land for the implementation of the project.

Accordingly, the Defendant from January 15, 2009 to February 2009.

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