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(영문) 수원지방법원 2016.10.13 2016고단3258

사기

Text

Defendant

A Imprisonment for one year, for two years, for two years, and for ten months, for each of the defendants C.

(b).

Reasons

Punishment of the crime

Defendant

C From October 2003, in operation of K as of May 4, 2006, when the Suwon-gu J Building 401 and 501 of Suwon-si, Suwon-gu, Suwon-si operated the “K,” the said private loan requires the funds for friendship and operation, and thus, the creditor of the said private loan is a future mutual savings bank of the victim, the maximum debt amount of 1.82 billion won, and the debtor is granted a loan of 1.4 billion won from the future mutual savings bank. However, on November 2006, when the private loan or operation becomes worse and the interest on the loan was prevented, the future mutual savings bank applied for a voluntary auction of the said private loan or corporeal movables on the basis of the said right to collateral security.

Accordingly, Defendant A and Defendant B introduced Defendant A and Defendant B, who had experience to allow the lessee to receive the deposit by participating in the auction procedure in the nearby friendship, and prepared a false construction contract as if Defendant B had not received a payment order from Defendant C according to the plan, and made Defendant B’s request for a payment order against Defendant C by the method that Defendant C did not raise any objection, and based on this, the payment order becomes final and conclusive. On the basis of the request for a compulsory auction against the above corporeal movables, Defendant C continued to inspect the above corporeal movables, thereby allowing Defendant C to operate the above ties for a longer period of time, and offered to receive the dividend if dividends are paid in the future of Defendant B who applied for a compulsory auction.

1. In accordance with the above public invitation, the Defendants’ conspiracy Defendants: (a) around February 7, 2007, at a certified judicial scrivener office located near the Suwon District Court, the date of contract is earlier than the date of the application for voluntary auction by the victim’s future mutual savings bank; (b) the contract amount is “1.42 billion won”; (c) the construction business operator is “B”; and (d) the construction business operator is “B.”