특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
(e).
Punishment of the crime
The defendant is the representative of the E Farming Cooperative, the purpose of which is to slaughter, sell, etc. hanok.
[2015 Gohap 507] On May 22, 2014, the Defendant provided the victim G with the notarial office located in Ansan-si, Seoul-si, a member of the Dong-gu, with a loan from the victim’s real property as security, to purchase the victim’s real property at KRW 2.6 billion as profits from the loan of the victim’s real property. The Defendant provided the victim’s loan application for the loan in the name of H at the NA’s office located in Ansan-si, A, and 15, the maximum amount of the credit was KRW 96,200,000,000,000,000,000 won, and the debtor provided the collateral security right to the said real property as security. < Amended by Presidential Decree No. 25388, May 29, 2014; Presidential Decree No. 25302, May 29, 2014>
However, in fact, the Defendant established an E-agricultural partnership with an investment of KRW 900 million around September 18, 201, but purchased a building and site to be used for a livestock product processing plant on October 8, 2012 due to a financial shortage, but failed to appropriately procure the facility installation cost from around July 2013, and failed to repay the loan principle borrowed from the bank. As the Defendant applied for voluntary auction at a bank on October 18, 2013, and applied for the auction on the above factory and site, while the auction procedure was in progress, there was no intention or ability to purchase the victim’s real estate at KRW 2.6 billion by completing the above livestock product processing plant and creating profits from its normal operation.
Nevertheless, the defendant deceiving the victim as above and let the victim establish the right to collateral security of the maximum amount of KRW 962 million on real estate held in the name of the victim's wife, which is equivalent to that amount.