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(영문) 대구지방법원 2016.10.21 2016고합16
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant B is the president of the K-Power Village Development Cooperatives, which is operating a electric power resource village development project in 20 lots, such as the J, etc. of permanent residence (hereinafter “instant project site”), and Defendant C is the representative director of the L-Power Village Development Bank, who is conducting civil engineering works in the instant project site, and Defendant A is the appraiser belonging to the M&A branch of the appraisal corporation which was a new appraisal corporation.

Defendant

B and C’s joint criminal administration Defendant B, while carrying out the development project for electric source village, offered the instant project site (1,658,216,000 won) as security to the Victim NFF on August 26, 2014 and borrowed KRW 1,300,000,000 under the name of P, one’s own wife.

After that, Defendant B, along with Defendant C and the above partnership general P, conspiredd to obtain additional loans from the victim NF (the amount of loan limit up to 80% of the appraised value of the collateral) who believed the value of the project site of this case after obtaining a false appraisal of the real property, to provide the following details: (a) to A who was requested to appraise the construction work of the project site of this case from the victim NF; and (b) to obtain a false appraisal of the real property of this case; and (c) to obtain an additional loan from the victim NF (the Nonghyup shall be designated as the loan limit amount up to 80% of the appraised value of the collateral).

Accordingly, Defendant B and C offered money bags and entertainment to a certified public appraiser A, who completed the on-site inspection of the instant project site at the end of March, 2015, upon solicitation that the appraised value of the instant project site would be high. Defendant C and P provided a false statement (total construction contract amounting to KRW 4,040,000,000, and KRW 1,350,000,000,000) stating the details of civil engineering works. On April 3, 2015, Defendant A offered the following: (a) made a false appraisal statement to the effect that the appraised value of the instant project site at issue is KRW 3,145,716,00 in consideration of land price and civil engineering works; and (b) made the false appraisal statement to the effect that the appraised value of the instant project site at issue is KRW 3,145,716,000 in consideration of the content of land price and civil engineering works.

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