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(영문) 의정부지방법원 2018.12.21 2018고합124
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 17, 2008, the Defendant committed the crime against the victim B and C shows the intent of the Defendant’s management (ju) EE office located in Gangnam-gu Seoul Metropolitan Government to obtain a successful bid in the amount of KRW 80 billion with the victim B and C’s financial management contract and the purchase of the G preferential bargaining. The degree of KRW 8 billion is the legal nature and legal nature of the funds, and the remainder is the subject of the PF loans.

The contractor, who is a Si construction project, agreed to have the right to sell a unit of KRW 200 million on the face of the State, and agreed to obtain a PF loan equivalent to KRW 80 billion from F, and decided to hold preferential negotiations related to the sale and purchase of the above apartment in excess of G excessive apartment.

However, the defendant did not have the right to preferential purchase of the above apartment complex from G or to obtain the FF loan from F, so even if he received money from the damaged party, he did not have the intention or ability to exercise the right to vicarious purchase.

Nevertheless, as seen above, the Defendant: (a) by deceiving the victims; and (b) transferred from March 17, 2008 to May 14, 2008 KRW 197,000,000 to 13 times, as indicated in the list of crimes in the attached Form.

2. Crimes against victims I;

A. On May 10, 2008, the Defendant, at the office of (ju) E on May 10, 2008, decided to make the victim I to make an investment in entertainment expenses of KRW 500 million in G, and to re-sale after purchasing the whole of J-ju apartment commercial buildings through a formal competitive bid. However, the Defendant would transfer the ownership of the above commercial building K until August 16, 2008, by transferring the price of KRW 500 million in the commercial building to the victim.

If the internal store fails to purchase the entire commercial building, 100 commercial buildings at the location designated by the internal store can be transferred ownership. Thus, G and the victim would transfer the ownership of the commercial building by concluding a sales contract under the name of G and the victim.

However, the defendant did not have any agreement with G on the sale of the above apartment.

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