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(영문) 대구지방법원 서부지원 2015.05.21 2014고합222

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

A Imprisonment with prison labor for three years, for two years and six months, for defendant D, for two years and for defendant E.

Reasons

Punishment of the crime

"2014 Gohap222"

1. Although Defendant A and Defendant B obtained a loan from a financial institution with net Q (hereinafter “ Q”), R, S, etc., Defendant A and Defendant B did not have the intent or ability to repay the loan even if they were to obtain the loan from the financial institution, they color real estate with a limited amount of the loan, or without any transaction. The Defendants, as if they were to purchase such real estate without any intention to purchase it, intended to use a false sales contract to make a high appraisal and make an application for the loan to the financial institution, and continued to receive the loan.

around October 2012, the Defendants, along with Q and R, made the statement to the effect that “Defendant B will purchase the above building at KRW 1 billion” to U.S. who is the owner of the building without an intention to purchase the building, and then deliver it to Q, R, and S that there was an object to be offered as a security for a loan to Defendant A who is the broker of the financial institution through Q, R, and S, and the Defendant A, who received the above contents, decided to apply for a loan with a good credit status as the principal debtor.

The Defendants: (a) around November 22, 2012, according to the foregoing conspiracy, purchased the above real estate from the victim W Saemaul Savings Depository (the president X) located in Daegu Northern-gu, Daegu-gu, Daegu-gu, as the Defendant purchased the above real estate at KRW 1.880 million; (b) the above U guaranteed the real property; (c) made an application for the loan by preparing a loan application document with the above U; and (d) Defendant B received a request for appraisal of the above neighborhood living facilities from the said KOG branch from the said KOG branch on October 20, 2012 and received KRW 1.550 million from the above KOG, based on the results of the appraisal.

Accordingly, the Defendants conspired with Q, R, and S to the above victim’s safe.