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(영문) 광주지방법원 2012.12.13 2011고단3985

사기등

Text

1. The defendant shall be punished by imprisonment for six years;

2. The charge of fraud against C among the facts charged in the instant case is acquitted.

Reasons

Criminal facts

[Fact-finding] From 2002, the Defendant is limited to “each of the instant lands” for convenience after the land D, E, F, and G in the Gangnam-gun of Gangnam-gu.

Since the construction of slaughterhouse facilities above, only the “instant construction” was commenced, and around August 2005, the title of the slaughterhouse building building under the name of the “stock company H” was changed to the said company after completing the registration of ownership transfer for each of the instant land.

Around February 28, 2006, the Defendant agreed to borrow money from I due to the shortage of funds, and H and I agreed to the effect that “I acquires the ownership of each land of this case and receive a loan from the Bank and receive a repayment for the investment after completing the construction work.”

At around May 24, 2006, I accepted the “J” and acquired 20,000 shares of the Company (40%) among the shares of the Company, K 20,000 shares (40%) and L 10,000 shares (20%).

In addition, I was appointed as the representative director of J Co., Ltd. and K director respectively.

On the other hand, J completed the registration of ownership transfer of each of the instant lands around December 31, 2007.

After that, on December 26, 2008, I agreed to the following purport for the progress of the instant construction work, which had not been completed at the time of the Defendant.

If the defendant establishes that he borrowed money from I until the time, and if I lends additional KRW 150 million, the defendant will change the name of the owner of the slaughterhouse to J Co., Ltd. and have M who had previously been engaged in the construction continue to do the remaining work.

Upon the completion of a slaughterhouse building, I loans a slaughterhouse facility in the name of J, with the loan, M’s construction cost claim, I’s above KRW 80 million claim against the Defendant, and KRW 150 million in advance, and then deliver all remaining money and all shares of JJ to the Defendant.

security for the performance of the I’s obligations.