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(영문) 서울중앙지방법원 2012.10.12 2012고단1795
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant, as a representative C, is a person who has been promoting a project to convert D Housing Redevelopment Improvement Project into private housing development project from April 2002.

On September 2009, the Defendant proposed that the F Office of the fourth floor of the building in Dongjak-gu Seoul Metropolitan Government, the actual representative of the victim corporation G (hereinafter “G”), “D Housing Redevelopment and Improvement Project Association will be dismantled between levels, and since the status of the D Housing Redevelopment and Improvement Project Association will be provided individually by the union members for a separate private housing development project, it can complete the prop work to purchase the private land and the state-owned and public land within four months. Therefore, the Defendant would jointly promote the new housing construction project by investing land purchase funds, etc.

On September 22, 2009, the Defendant concluded a joint project agreement with the victim who believed the proposal of the Defendant at the victim's office of Yangcheon-gu Seoul International Building 1124, Seoul, to revoke the D Housing Redevelopment Improvement Project and purchase the land in the zone and to implement the new construction project of multi-family housing.

around September 23, 2009, the Defendant received KRW 150 million from the victim as the contract deposit for the above business, and received KRW 10 million from the victim as the intermediate payment for the above business on November 3, 2009, and received KRW 2 million directly from the victim on December 14, 2009, and around January 6, 2010, it received KRW 15 million from the victim as the expenses for the above business promotion. On May 7, 2010, the Defendant received KRW 3 million as the expenses for the above business promotion from the victim on or around May 24, 2010, and received KRW 15 million as the intermediate payment for the above business from the victim on or around August 24, 2010.

On the other hand, D Housing Redevelopment Improvement Project is a housing redevelopment improvement project for the area of 31,964 square meters of the same area as Dongjak-gu Seoul Metropolitan Government L and the same Gu MM on March 20, 2007. The establishment of the association is authorized on March 20, 2007, and the implementation of the project on April 15, 2009.

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