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(영문) 부산지방법원 2014.06.20 2013고합964
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the president of the Crebuilding and Maintenance Project Association (hereinafter referred to as the “Crebuilding Association”) who implements H apartment reconstruction works on the land outside Busan Geum-gu G and two parcels, and I is the director of J Co., Ltd. (hereinafter referred to as the “J”) who is the contractor of the said reconstruction works, and K is the director of the L Co., Ltd. (hereinafter referred to as the “J”) who is a

In the process of the rebuilding project in which the J did not receive the construction cost from the reconstruction association of this case and was in a crisis of insolvency due to the failure to sell it as expected, I, K, around February 201, intended to obtain an intermediate payment loan by deceiving the victims by inviting the nominal holders to lend the name of the nominal holders, and by inducing them to receive the intermediate payment in the name of the nominal holders, despite the fact that H apartment was not actually sold, despite the fact that H apartment was not sold in the name of the nominal buyers, and preparing the sales contract under the name of the nominal holders as if it was actually sold in lots, and submitting the sales contract to the Bank of Korea (hereinafter referred to as the “Korea bank”).

I and K conspired with the J Office located in Bupyeong-gu Incheon Metropolitan City on March 201, in order to prepare a sales contract as if the name holder, the name holder, the H apartment 207, and submitted the contract to the employee in charge of loans from the high-dong branch office of the victim bank of the victim bank located in Seocheon-gu, Seocheon-do, and submitted the part payment loan to the employee in charge of loan of the H apartment 207. On March 24, 201, it received KRW 128,417,000 from the Korean bank account (the account number: P; hereinafter referred to as the “instant account”) in the name of the Association as part payment loan in the name of the apartment loan.

I and K in collusion with M, etc. in a total of 18 times from that time until August 11, 2011, together with M, etc. in a total of 18 times, as described in attached Table I, and 2,293,431,750 won in total as part payments loans from the victim bank.

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