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(영문) 수원지방법원 안양지원 2019.06.14 2018고합174
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Defendant

A Imprisonment with prison labor and fines of KRW 15,000,000, and Defendant B shall be punished by fines of KRW 10,000,00, respectively.

Reasons

Punishment of the crime

[criminal power] On June 23, 2016, Defendant A was sentenced to two years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Occupational Authority) at the Suwon District Court, and the said judgment became final and conclusive on July 1, 2016. On July 20, 2017, Defendant A was sentenced to four years of imprisonment with prison labor for an attempted murder at the same court, and the said judgment became final and conclusive on November 11, 2017.

【Criminal Facts】

Defendant

A, from December 1, 2011 to December 18, 2015, a person who was the president of the Victim D Association in Osan City (hereinafter “victim D Association”) and was in charge of the credit and receipt of the above D Association. Defendant B is the person who is engaged in real estate-related business and is the will of Defendant A.

1. Defendant A

A. According to the internal regulations of the victims of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the case of a real estate mortgage loan, an appraisal corporation that has entered into an agreement with the said DD association shall undergo an appraisal of the secured goods, and a security loan shall be allowed within the maximum of 60% of the appraised value when a security loan is granted in an area other than Seoul, Incheon,

The above B purchased land, building, etc. in E, F, and G (hereinafter “instant real estate”) in KRW 770 million in Won-si, and sought a loan of KRW 900 million from the victim D in the name of H, which is a collateral for this purchase.

B received an appraisal report from the said I appraisal corporation that the appraised value of the instant real estate reaches KRW 1.557,500,000 from the said I appraisal corporation, which was an appraisal corporation that had not entered into a business agreement with the victim D association, and accordingly requested the victim D association to lend KRW 900,000 to the victim D association.

However, the appraisal corporation which entered into a business agreement with the victim DD association has assessed the appraisal value of the real estate of this case as KRW 900 million through the deposit appraisal.

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