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(영문) 부산지방법원 2013.08.22 2013고단2665
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A was sentenced to two years and six months of imprisonment for fraud at the Seoul Central District Court on October 1, 2010, and the above judgment was finalized on December 10, 2010, and Defendant B was sentenced to one year of imprisonment for fraud at the Busan District Court on May 14, 2010, and the above judgment was finalized on September 7, 2010.

Defendant

A The facts are not certified public appraisers, and even if they did not receive money from victims D for the purpose of appraisal expenses, etc., they did not have the intent or ability to make an appraisal on the building Jongno-gu Seoul Metropolitan Government E, and Defendant B did not have worked as the head of the loan headquarters of the F Bank Busan. The F Bank did not know of related parties such as president of the F Bank, etc. and did not have the intent or ability to receive a loan from the above bank even if they did not receive money for the purpose of lending from victims

Nevertheless, the Defendants conducted an appraisal by Defendant A, and attempted to receive money from the victim as investment money after receiving a loan from Defendant B, and then acquired money from the victim as if they were to acquire the above E building.

around November 22, 2007, the Defendants: (a) sent KRW 2 million to the Defendant’s Busan Bank account (Account Number K) around December 5, 2007; and (b) received KRW 50 million from the Defendant under the name of the president, etc. of the Franchising Bank in Jongno-gu Seoul Metropolitan City, via J, “A is responsible for appraisal; (c) B is responsible for acquiring bank loans; and (d) invests KRW 500 million in the Company’s equity and KRW 500 million as the loan is implemented; (c) the Defendants received KRW 15 million from the victim through Nonindicted I for the purpose of business promotion expenses, etc.; and (d) transferred KRW 2 million to the Defendant’s Busan Bank account (Account Number K) around December 6, 2007.

As a result, the Defendants conspired to obtain 67 million won from the victim.

(i) the evidence;

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