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(영문) 서울서부지방법원 2016.01.29 2014고합224
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of three years.

Reasons

Punishment of the crime

Defendant

B The real estate business entity and the defendant A are the law firm H's lawyer.

Notwithstanding the existence of any specific property and funds, the Defendants, around August 2012, intended to purchase the Eunpyeong-gu Seoul Metropolitan Government I building (the sales contract that the Defendants submit to the Defendants, claiming that it is the actual sales contract) (the sales contract is KRW 13 billion. However, even if both the Defendants’ delinquent taxes and employees retirement benefits are included, the actual amount paid out of the sales price is equivalent to KRW 10.2 billion including the down payment, and the amount of debt acquisition is not more than KRW 1.2 billion, and the sales contract that the Defendants submitted to the Bank upon receiving the loan is KRW 1.5.2 billion. Rather, the Defendants attempted to pay the remainder, etc., other than the down payment, to the Bank’s non-school located in Korea. However, in our bank, it is possible to lend the said “I” building as security, and the additional KRW 3.0 billion, along with the above “I”, provided other real estate as security and received the above real estate as joint collateral and pay the purchase price to the Bank.

On August 28, 2012, the Defendants would purchase the victim K's land and above ground buildings owned by the Z in Chungcheongnam-gu, Chungcheongnam-gu, Seoyang-gu, Chungcheongnam-gu, J. 2012 for KRW 3 billion.

First of all, the above real estate was loaned KRW 3 billion from the bank on the high seas level as security and paid KRW 50 million immediately, and the amount of KRW 50 million at the time of receipt of cancellation documents such as provisional seizure, and KRW 50 million at the time of registration of ownership transfer shall be paid, and the existing loan KRW 1.9 billion shall be succeeded to or repaid on behalf of the victim K on August 31, 2012.

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