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(영문) 의정부지방법원 2014.10.02 2012고합444

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for two years and for two years, respectively.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 10, 2010, Defendant A and B established the J (hereinafter referred to as the “instant company”) for the purpose of acquiring the ownership of the instant land and buildings and conducting remodeling works for the instant building, which are located on H and its ground (hereinafter referred to as “instant site”; and for this purpose, Defendant A and B decided to open the instant building (hereinafter referred to as “instant building”).

Defendant

A and B around that time purchased the instant building from G, the owner of the instant building, at KRW 2,520,00,000, and in double KRW 1,256,000,000 prior to that, G agreed to lease part of the instant building to K and to substitute for payment by succeeding to the obligation to return KRW 1,256,00,000, which was received after the establishment of the right to collateral security, and the remainder was paid as profits if the hospital is opened in the instant building.

Defendant

A and B purchased the instant site from the Komato Savings Bank, the owner of the instant site, in KRW 3,00,000,000. However, the instant building and site were provided as collateral to the Komato Savings Bank, and paid the price of the instant building and the remodeling construction cost, etc. as part of the instant loan, but did not comply with the said plan upon receipt of notice from the Komato Savings Bank to the effect that only a total of KRW 3,500,000,000 is possible to lend the instant site and building as collateral.

Ultimately, Defendant A and B paid KRW 3,00,000,000 to the Saturdays Savings Bank in order to open the hospital in the building of this case, and completed the registration of ownership transfer for the building of this case. Moreover, Defendant A and B had completed the registration of ownership transfer for the building of this case from G after cancelling the registration of ownership transfer for the secured bond amount in the name of K established on the building of this case, which is KRW 1,256,00,000 (including registration expenses).