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(영문) 서울북부지방법원 2017.11.24 2017고합148

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was the owner of the second underground floor in Yeongdeungpo-gu Seoul Metropolitan Government and the second underground floor and the second to eight above ground (hereinafter “instant real estate”) among C buildings that are the aggregate buildings of the eighth floor, and registered the ownership trust agreement (hereinafter “the instant security trust agreement”) with respect to the instant real estate on November 22, 2013, in which D, which was operated by the Defendant, borrowed from E Co., Ltd. (hereinafter “E”), around November 22, 2013, KRW 19.5 billion (the due date for repayment; November 28, 2014; hereinafter “the instant loan”). < Amended by Presidential Decree No. 25357, Nov. 28, 2014>

Around August 19, 2014, the Defendant: (a) borrowed KRW 250 million from H through G for the purpose of securing interest thereon; (b) made a written agreement to sell the instant real estate to G with the purchase price of KRW 9.5 billion (the down payment of KRW 950 million, the intermediate payment of KRW 1 billion, and KRW 7.5 billion, the remainder payment of KRW 7.5 billion), and (c) lent KRW 350 million from J through G through G around October 31, 2014; and (d) executed a contract to sell and sell the instant real estate with the purchase price of KRW 9.5 billion (the down payment of KRW 950 million, KRW 500,000,000,000,000,000 from J as of August 19, 2014; and (e) executed the contract to sell the instant real estate as of KRW 9.5 billion,000,000,000.

Since then, the Defendant continued to be able to pay interest, etc. on the loan of this case, and the Defendant was aware of it.

H To sell the instant real estate through the sale of the said real estate and to make the appearance of the hotel development project, and using this, to sell the instant real estate to others.