beta
(영문) 대구지방법원 2017.05.12 2016고합589

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

1. The defendant, while operating the Dispute Resolution Co., Ltd., established a corporation in the name of a third party for the purpose of newly receiving a loan and repaying the existing loan, and preparing the operation fund of the Dispute Resolution Co., Ltd. while opening the Dispute Resolution Co., Ltd., the defendant, who has borrowed the land D in the name of a new corporation, which was provided as security by the Dispute Resolution Co., Ltd. and received a loan in the name of the corporation after transferring the land D in the name of the newly established corporation.

On December 2, 2013, the Defendant purchased the DNA land from the victim E at a mutually influent restaurant in the middle-gu North Korean-gu, Daegu, and attempted to operate the screen golf course by purchasing it from the victim E.

Therefore, since the above land cannot be purchased under the name of an individual, if the land is leased, it shall be registered as the representative director of the corporation, and it shall be operated after the purchase of the land, and the name of the representative director of the corporation shall be changed to another person after three months.

And if the project is well prepared, it will be personnel.

‘False speech' was made.

However, in fact, the Defendant did not have any intent or ability to repay the loan that the Defendant received as the representative director of the corporation or to replace the name of the representative director of the corporation because the Defendant had any debt equivalent to KRW 150 million, including the amount of tax 20 million, KRW 99 million, KRW 99 million, KRW 930 million, KRW 930 million, KRW 150 million, KRW 150 million, and KRW 250 million, and KRW 250 million, and KRW 93 million, in the case of the Korea Technology Finance Corporation.

As such, the Defendant deceiving the victim, thereby establishing the LAF in the name of the victim and the LAF in January 6, 2014. On January 28, 2014, the Defendant registered the transfer of ownership in the name of the LAF in the LAF in the name of the LAF, and on January 29, 2014, the amount of KRW 950,000,000 in the name of the LAF in the name of the LAF in the GAF. < Amended by Act No. 12173, Jan. 29, 2014>