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(영문) 광주지방법원 2017.02.09 2016고단3797
사기
Text

Defendant

A Imprisonment with prison labor of one year and four months, each of the defendants B, C, and defendant D shall be punished by imprisonment with prison labor of eight months, and defendant E.

Reasons

Punishment of the crime

"2016 Highest 3797"

1. The defendants' identity

A. Defendant A acquired the qualification as a certified intermediary around 200 and worked as a certified intermediary from K in early 2009 to K, and was in charge of the management of sales status and construction work management in the Seo-gu, Seo-gu, Gwangju, which K implemented around 2010. On January 19, 2010, K took charge of the management of sales status and construction work management in the real estate development and distribution business. On January 19, 2010, K took charge of the duties of the representative director of the O-company established for the real estate development business in Seo-gu N213, Seo-gu, Seoul (hereinafter “the instant officetel”), in charge of the conclusion of trust contracts, legal advice, construction cost management, O office operating expenses, management of employees management.

B. From October 7, 2012, Defendant C started working in an O stock company from August 1, 2013, and Defendant B started working in an O stock company and took charge of support for Q’s business, preparation of documents, management, and sales contract, respectively, and Defendant D started working in an O stock company from November 1, 2012 and entered into sales contract.

(c)

Defendant

E was engaged in the investment of real estate in the entire region in the Seoul metropolitan area while conducting auction lectures in Japan, and came to know K from around 2014, and made lectures to students in the instant officetel advertisement and enter into a contract with the K sales contract with the strong students in Gwangju while advertising the instant officetel.

2. In normal cases, the sales of the instant officetels is managed by the R Co., Ltd., which entered into a trust contract and an agency contract with the P Co., Ltd., and the sales revenue is collected only by the No.C. bank account in the name of R Co., Ltd., the sales revenue management account designated by the R Co., Ltd., and the sales contract specifies the sales revenue management account and recognizes the amount deposited into the designated sales revenue management account as sales payment only after the date of approval for the use of the instant officetel building (construction completion).

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