특정경제범죄가중처벌등에관한법률위반(사기)등
Defendant
A and B shall be punished by imprisonment for two years and six months, respectively.
Defendant
C is innocent.
Punishment of the crime
Defendant
A is a person who purchases multi-household housing located in the Seoul Metropolitan Area and engages in rental business, and Defendant B is a director of the J Agricultural Cooperative located in Namwon-si, the victim from around 2010 to around 2014, who takes charge of promoting loans outside the region (Seoul Metropolitan Area).
1. Defendant A and B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) decided to purchase the land of this case 5,342 square meters (hereinafter “instant land”) prior to Yongsan-gu, Yongsan-gu, Seoul. Defendant A applied for real estate mortgage loan to the victim Nonghyup for the purpose of the purchase fund. Defendant A submitted a sales contract with the purchase price of the instant land, which is less than the actual purchase price, to the victim Nonghyup, to obtain a loan with money exceeding the amount of the original loan available as security, and Defendant B promised to pay the loan fee in return for the said loan if the above loan is implemented.
Therefore, Defendant A purchased the instant land in KRW 1 billion between Defendant L and Ha on the early April 2013, but sent the false real estate sales contract, which was replaced by 2.5 billion won, by facsimile, to the appraiser N of M&A, who was entrusted to appraise the instant land by the Plaintiff NA on April 2013. On April 26, 2013, Defendant A submitted the said false real estate sales contract by facsimile to the said N in calculating the appraised value. On April 26, 2013.
Meanwhile, Defendant B is aware that the actual transaction of the instant land was one billion won, and the appraised value of KRW 2,029,960,000 is lower than the appraised value of KRW 2,029,960,00,00, and thus, the amount of KRW 700,000,000 based on the actual transaction price should be calculated as the amount of loans, and the said false real estate sales contract, stating the actual transaction price higher than the appraised value,