특정경제범죄가중처벌등에관한법률위반(사기)
The accused shall announce the summary of the judgment of innocence.
1. The summary of the facts charged is that the Defendant, from September 2009 to March 201, as the representative director of the Dispute Settlement Bank Co., Ltd. (hereinafter “damage D”) and carried out multi-family housing projects with respect to the land and building on 27 lots, including the land and building on 4,258 square meters in the area of Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, the branch office of the Dispute Settlement Bank Co., Ltd. (hereinafter “damage D Co., Ltd.”).
On July 20, 2009, in order to purchase the instant real estate from the damaged clans with KRW 49 billion, and to raise the purchase price, the LAB agreed to set the right to collateral security of KRW 33.1 billion with F of the damaged clans with the maximum debt amount of the instant real estate.
In addition to paying a loan to a clan with some purchase price, the Defendant, by offering the instant real estate as collateral, has thought that most of them will be used for the business fund of the Bank of Korea, in addition to paying the loan to the clan.
On October 12, 2009, the Defendant: (a) made use of the documents in the name of the clans damaged by the establishment of the right to collateral security from F, and (b) made F false statement to F that “In order to account for a favorable position in the future legal dispute between the victimized clans and the higher clans in connection with the ownership of the instant real estate in order to account for a favorable position in the future, the Defendant shall set up a collateral security agreement with the debtor B in addition to the purpose of raising the purchase price for the instant real estate in order to secure the funds of the KB on the same day; and (c) made F prepare a “right to set up a collateral security agreement” stating the establishment of the right to collateral security in order to secure the funds of the KB in the same day.
The defendant, on October 29, 2009, has the damaged clan members, including F, sign a resolution of the board of directors stating that he/she consented to the establishment of the right to collateral security on October 29, 2009, and signed the special general meeting resolution as of November 5, 2009, and nine financial institutions, including debtor and the Dispute Resolution Co., Ltd., as creditors.