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(영문) 대구지방법원 2017.03.31 2016고합546

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to six months of imprisonment for the charge of forging private documents at the Daegu District Court on December 24, 2015, and the judgment became final and conclusive on February 19, 2016.

[2] The crime committed by Defendant A is the representative director of the real estate rental chain (ju) H, who owns 116 commercial buildings in the “G” located in the Daegu Northern-gu, Daegu Northern-gu, and Defendant B, as Defendant A’s steering car from February 2012 to February 2014, is the person who served as the general secretary general of H (ju).

(State) H is a business entity that leases 116 commercial buildings owned by H to (State) I, the operating entity of the above “G”, and sublets 495 commercial buildings from individuals belonging to the Daegu Integrated Distribution Complex Co., Ltd. to I (State) and receives the agreed rent from (State) I in return for the lease and sub-lease.

On June 2013, the Defendants promoted a loan to resolve the obligations of overdue wages, etc. accumulated in the course of the operation of H (State). At that time, the Defendants filed an application for a real estate security loan of KRW 2 billion with J as collateral for the ownership of real estate ownership of KRW 4 billion for the 116 rental stores owned by (State) H, among the rental stores located in (State) H, to a consortium with the victim (hereinafter “J”) J (hereinafter “K”) and (hereinafter “K”).

On September 13, 2013, the above consortium rejected the application for the loan due to the lack of realization value of the above collateral and responded to the effect that if it promises to purchase the above loan amount with the amount guaranteed by the above loan principle, it can be possible to grant the loan.

The Defendants did not have any way to receive a purchase commitment required by the above consortium (State). Accordingly, Defendant A forged a purchase commitment with the name of (State) I, and Defendant B committed as if Defendant B were an employee of the drafting department of (State) I’s purchase commitment, and submitted a forged purchase commitment with the name of (State) I to the employees in charge of the above consortium.