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(영문) 서울중앙지방법원 2017.09.06 2016고단5257 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, as the representative director of the corporation C, is promoting Eriart development projects in Incheon Strengthening Group D D.

On April 10, 2015, the Defendant entered into a contract for vicarious sale to delegate the right to sell in lots to F Co., Ltd. to F Co., Ltd. (the representative director G) for the commercial buildings to be remodeled into Eriart development projects, and then entered into a joint contract for sale in lots with the victim I, the H representative director of H Co., Ltd., which jointly promoted the said sale in lots through the above G, and entered into a joint contract for sale in lots for the said Riart.

On April 20, 2015, the defendant entered into a joint sales contract with victims, G, etc. in the Seocho-gu Seoul Seocho-gu Seoul J building, and the defendant is running a project to develop the E Complex Empt in the Incheon Strengthening-gun K at the Dispute Resolution Co., Ltd.

First of all, when remodeling 40 commercial loans, it is possible to sell them after the lapse of ten days.

With the F in-house Development Bank, the K in-house Development Bank requested that the K in-house Development Bank jointly conduct the sales agency for the H in-house Development Bank to pay 50 million won deposit for the sales agency in advance, as it is necessary to settle the overdue interest due to the shortage of funds.

However, the defendant not only bears the obligation of approximately 2 billion won, but also is in a situation in which it is impossible to sell the land or building of the same complex because the preservation procedure, such as auction procedure and seizure, is under way.

The defendant pretended as if the sale by proxy will be normally carried out in the above Ri Ri, and he concluded an agency contract with the victim for the sale of the above E- compound with the victim. On the same day, the defendant shall deposit 50 million won for the sale by proxy from the victim to the F Bank account of the F Bank of Korea, and shall again remit 45 million won for the remainder after deducting 5 million won for the expenses to be paid by the above defendant from the above G, and the Saemaul Bank account (5 million won for remittance) of the defendant, and the national bank account (4.0 million won for remittance) of the F Bank of Korea in the Dispute Resolution Co., Ltd. (the remittance amount).

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