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(영문) 서울중앙지방법원 2017.02.15 2015고단3673

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2015 Highest 3673" is the representative of (ju) E engaging in trade business, and F is the director of the company.

1. On September 1, 2014, the Defendant against the victim G may, in collusion with F, issue the victim’s first priority beneficiary right certificate of KRW 10 billion to the Plaintiff at the law firm I office located in Seocho-gu Seoul Metropolitan Government H, via Korean asset trust, with the security of the land allotted by the authorities in recompense for recompense of development outlay in relation to the project of the Jeju Special Self-Governing Province J hot Spring Development District.

If a bank submits a certificate of beneficial interest to the bank, it may obtain a loan of KRW 7 billion, which is 70 percent (70%).

To be issued the certificate of beneficial rights, 300 million won is required for the issuance cost.

“A false statement” was made.

However, the above Jeju Special Self-Governing Province was revoked the approval of the business on February 7, 201 and could not implement the business normally. On September 2014, the Defendant was in a situation where the company account was provisionally attached because it was impossible to pay insurance premiums to the Health Insurance Corporation on September 2014, and thus, the Defendant was thought to be used as the operating expenses of the company even if he was paid money from the injured party, and the Defendant did not have the intent or ability to receive the certificate of the first-class beneficial interest of KRW 10 billion for the victim.

Nevertheless, on September 4, 2014, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) received KRW 100 million from the bank account (Account Number K) of the E in the name of the cost of issuing the certificate of beneficial rights from the victim; and (c) obtained the remittance of KRW 100 million from the Korean bank account (Account Number K).

2. On September 12, 2014, the Defendant against the victim L, in collusion with F, may issue to the victim the victim a certificate of priority right to benefit at the International Office of Law Firm I located in Seocho-gu Seoul Metropolitan Government H, a certificate of priority right of KRW 5 billion on the security trust of Korean assets with respect to the project of the Jeju Special Self-Governing Province J hot Spring Tourism Development District.

If a bank submits a certificate of beneficial interest to the bank, it may obtain a loan of KRW 3.5 billion, which shall be 70%.

If it is desired to issue a certificate of beneficial interest, the issuance cost.