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(영문) 대전지방법원 천안지원 2018.02.21 2017고합82
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a person who operates D Co., Ltd. (hereinafter referred to as “D”) and E Co., Ltd. (hereinafter referred to as “E”), a building-related company.

On August 23, 2012, the Defendant: (a) concluded a joint agreement with the victim’s agent G to pay KRW 1,182 square meters to the victim’s land in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant land”); (b) concluded a joint agreement with the victim to pay KRW 1,82,00,000 at the victim’s land price; and (c) revised the agreement to pay KRW 1,182 square meters to the victim by 1,184 square meters before H on February 3, 2016 (Evidence No. 285 of the Evidence Record); and (d) revised the agreement to pay KRW 1,825,00 to the victim by 30,000 at the landowner’s land price (hereinafter “instant joint agreement”); and (d) revised the agreement to pay KRW 1,50,00 to the victim by 10,015,000; hereinafter the same shall apply).

While the Defendant did not pay the land price under the above joint project agreement and did not obtain the consent of the victim for the approval of the use of the building of this case, the Defendant would receive the payment from the Housing Guarantee Co., Ltd. (the name was changed to the Housing Urban Guarantee Co., Ltd. on July 1, 2015; hereinafter referred to as “Korean Housing Guarantee Co., Ltd.”) for the remainder of the household except for the household that provided the land price among the 45 households sold out of the building of this case as the substitute for the payment of the land price.

The Korea Housing Guarantee paid 1,825,00,000 won out of the above occupancy deposit to the F Account immediately, and the ownership of the land of this case is transferred to D under the name of D.

However, it is true that the house guarantee is in accordance with the house sale guarantee.

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