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(영문) 대구지방법원 2014.08.22 2012고합656

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of two years and six months, respectively.

Reasons

Punishment of the crime

"2012 Gohap656" and "2013 Gohap610"

1. Defendant A is the representative director of J in Daegu-gun, Inc., Ltd., and Defendant B is a staff member who works for the president at the above chemical company.

On May 24, 2010, the Defendants borrowed KRW 550 million from K to purchase the L, M, and N with the said money, and completed the registration of ownership transfer under the name of K as a security for the said borrowed money.

Even if the Defendants received a loan from the financial institution as security after the Defendants borrowed money from the victimO to K, they thought that they will be used as operating funds such as construction cost and personal business funds of Defendant B with respect to the above land development project, and there was no intention or ability to repay the victim’s loan with the loan.

Nevertheless, around October 2010, the Defendants borrowed KRW 550 million from K to raise funds for purchase of L, M, and N from the construction site of the Gyeongbuk-gun in the Gyeongbuk-gun in the middle of the end of the 2010. The Defendants: (a) borrowed the above forest under the name of K to raise funds for purchase; and (b) made the registration of ownership transfer under the name of K; (c) can proceed with the land development project only with the payment of the above money. If the above money is additionally lent KRW 700 million, interest shall be paid at 6% per month; and (d) the above forest shall be paid at a rate of 3 months with the loan from the financial institution as collateral, and (e) it is clearly stated that the victim received KRW 100 million from the victim to the account under the name of J on November 1, 2010; and (e) there is no error in the indictment as stated in the amendment of the indictment No. 2016, Feb. 16, 2010>

The remittance of KRW 600 million to the above account was received and transferred in total KRW 700 million.

As a result, the Defendants conspired to deception the victim and acquired it by deceiving 70 million won.

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