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(영문) 의정부지방법원 고양지원 2015.01.23 2014고합62

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendant

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

Defendant

B The applicant for compensation.

Reasons

Punishment of the crime

1. On June 12, 2012, the Defendants introduced the victims E to operate a concrete manufacturing business under the trade name of G Co., Ltd. (hereinafter “G”) in Chungcheongnam-si around June 12, 2012, the Defendants entered into an agreement with the victim E to purchase KRW 1.85 billion for reference only to “the instant I land”, “the instant I building”, and “the instant I real estate” when referring to land and buildings together, and “the instant I real estate” when referring to land and buildings”, and “the instant I real estate” shall be purchased at KRW 1.85 billion as a down payment, and KRW 1.0 billion out of the purchase price, the amount of KRW 1,000,000,000,000 shall be paid by December 31, 2012. < Amended by Act No. 11458, Dec. 31, 2012>

However, in fact, the Defendants did not have any particular property or income, and they could not receive a loan borrowed in the name of the Defendants as credit bad. ② G was only registered as business operators and did not have any assets or sales. ③ At the time, the Defendants did not conclude a contract to own or purchase the reinforced soil machinery installed in the instant I land, and did not have any intent or ability to sell it by producing reinforced block after installing it.

In August 9, 2012, the Defendants acquired loans from a financial institution can obtain loans from the financial institution when they moved reinforced machinery to the instant I land and produce reinforced block in the office of the Japanese Credit Union (hereinafter referred to as the “Korea Credit Union Office”) located in 146 in Chungcheongnam-si, Chungcheongnam-do.

If funds are required for the transfer of reinforcement machines to take place, and if the I real estate was loaned with a loan of KRW 160 million as security, all of the obligations of collateral security on the I land of this case shall be succeeded, and any balance shall be succeeded.