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(영문) 인천지방법원 2012.02.22 2011고합541

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for a period of three years and six months, imprisonment for a period of two years, and imprisonment for a period of two years and six months, respectively.

(b).

Reasons

Punishment of the crime

[2011Gohap541]

1. When Defendant A, the representative director of K (hereinafter “K”) in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of the Defendants, concluded a construction contract for L Apartment Building Construction on the ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul, with Defendant C’s partnership head, and concluded a false sales contract for L Apartment Construction on the ground of the construction of L Apartment, the construction cost was insufficient, in collusion with Defendant B and C, and submitted it to the financial institution for a false sales contract for the L Apartment under the name of the nominal lender and submitted it to the financial institution to raise a loan from the intermediate payment to cover the construction cost.

On May 26, 2009, the Defendants submitted the “L apartment sales contract No. 705,” which was prepared as if N had actually sold No. 705 in the name of the nominal owner, at the dong branch of the Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “NF”) and received KRW 200 million as an intermediate payment loan by having the loan-in-charge employee under the jurisdiction of the victims, who is in charge of loans, perform the loan business.

From that time until September 29, 2009, the Defendants acquired 2.395 billion won as an intermediate payment from the victims’ fisheries cooperatives in a total of 12 times as shown in attached Table 1 (i) from that time to September 29, 2009.

B. On January 5, 2010, the Defendants filed an application for a loan of the intermediate payment of apartment under the name of the name of the nominal owner at the high-dong branch of the victim Korean bank located in Seocheon-dong, Seocheon-do and submitted a “L apartment apartment sales contract No. 806” as if the O actually sold L apartment 806, and its equipment is 10 million won as an intermediate payment loan by having the loan staff belonging to the victim bank conduct the loan business.