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(영문) 부산지방법원 2013.06.14 2012고합612

사기등

Text

Defendant

A Imprisonment of 1 year and six months, Defendant B and C, and Defendant D and E, respectively, shall be punished by imprisonment of 10 months, respectively.

Reasons

Punishment of the crime

[Criminal Power] Defendant E was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Busan District Court on July 14, 2011 and the same year

9.6 The above judgment became final and conclusive.

【Criminal Facts】

Defendant

A is an auditor of "P Co., Ltd." established for the purpose of real estate sale, etc., and the actual operator of the above corporation; Defendant C is a person who operates the functional health foods sales business office under the trade name of "S" in the RB underground 3 of Busan Metropolitan City, Defendant D is a representative director of "T Co., Ltd.", Defendant E is a loan-raising corporation; Defendant E is a person who has no certain occupation; and Defendant F is a sales agent.

(2012 Gohap612)

1. Defendant A, B, and C

A. The Defendants: (a) purchased apartment in a long-term unsold unit in the Ulsan Metropolitan area at a price lower than the market price in a lump sum from the seller of the apartment; (b) recruited people in the surrounding area; and (c) made out a contract for sales in an amount higher than the actual transaction price under the name of the buyer on the condition that they pay a certain amount of commission to them; (d) obtained a loan from the seller of the apartment and paid the sales price to the financial institution; and (e)

On April 25, 2011, the Defendants entered into a sales contract with the 16 U.S. units of the Ulsan-gu U.S. unit sold for a long time (from 2005 to 2005) due to the question of view right, etc. to purchase in lump sum at 67 percent of the selling price.

At that time, the Defendants introduced V and prepared a sales contract as if they purchased the above apartment units 103 3172 449,736,000 won in the name of 301,323,120 won.

The facts are as follows: (a) even if the Defendants purchased the above apartment, the Defendants were to have the intent to repay the loan, or to pay the interest, and (b) as if they were to receive the loan.