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(영문) 부산지방법원 2013.09.06 2009고합109 (1)

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of 5,000,000 won.

Defendant

Co., Ltd.

Reasons

Punishment of the crime

F as the representative director of G, and Defendant A as the managing director of the above company, the F implemented the new construction and sale of the “I building” of the first underground floor and the fourth floor above the nine parcels above the Busan Ho-gu H, and the fourth floor above the nine parcels.

On the other hand, Defendant B was a corporation established for the purpose of leasing buildings on October 31, 2006, and Defendant A served as the representative director.

1. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) borrowed an amount equivalent to KRW 900 million from E from Jan. 2006 to Nov. 20 of the said I building with F (hereinafter “Defendant et al.”), but the sales contract for each shop in the building already concluded was terminated due to the prior registration of the entire site of the said building on the ground that payment of the construction cost was not made around Mar. 5, 2007 from J, which is the contractor of the said building, to Mar. 5, 2007, and it became impossible for Defendant et al. to pay debt to E due to the aggravation of financial circumstances upon applying for an auction against the first floor of the said building on May 207 from Busan Mutual Savings Bank, the creditor of the Defendant et al.

However, E lent the above KRW 900 million from K and L to the defendant, etc.

Accordingly, around November 26, 2007, the defendant et al. conspired to meet the victims at the N’N’s restaurant located in the Seongbuk-gu Seoul Metropolitan City Ma, but the additional loan, service deposit, and sales proceeds are merely expected values of the defendant et al. At that time, the defendant et al. is not able to cancel the registration of provisional disposition of prohibition of disposal in the name of the third and fourth floors of the above building due to the fact that the defendant et al. has a debt of at least 10 billion won in relation to the construction of the building. In addition, the defendant et al. is not able to cancel the registration of provisional disposition of prohibition of disposal in the name of the third and fourth floors of the above building due to the lack of financial condition of the defendant et al. as at the time there is a debt of at least 10 billion won in relation to the construction of the building.