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(영문) 대전지방법원 천안지원 2020.01.08 2019고단1669
사기
Text

Defendant

A Imprisonment with prison labor for ten months, for eight months, for eight months, and for six months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

1. On August 1, 2016, Defendant A and Defendant B established and operated the Dispute Resolution Committee in Kimpo-si, Kimpo-si, and engaged in livestock product distribution business. Defendant B had been engaged in real estate consulting, and Defendant B had an interest in the operation of the Dispute Resolution Committee with the introduction of land owners in the absence of a certain occupation. Defendant A had an interest in the operation of the Dispute Resolution Committee, and Defendant B had an interest in the operation of the Dispute Resolution Committee. The victim F was awarded the price of KRW 197 million in the voluntary auction procedure and completed the registration of ownership transfer in the name of the victim around September 21, 2016.

The Defendants purchased real estate as a collateral to the land wholesale company, and decided to operate the business in such a way that they are supplied with the land and supplied it to restaurants, etc. because there is no funds to purchase the land necessary for operating the LAE. Accordingly, the Defendants agreed to promote the purchase of the above orchard owned by the victims through C, which is a real estate business entity with which Defendant B was aware of in a usual manner.

On November 7, 2016, the Defendants concluded a contract to purchase the above orchard owned by the victim in the name of the Dispute Resolution Co., Ltd. in the name of the International Real Estate Agent Office of the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City, to purchase the said orchard in the name of the Dispute Resolution Co., Ltd., and paid the victim the down payment of KRW 215 million on the day when the contract is concluded, and Defendant B paid the remainder by 15 days after the date of establishment of the right to collateral security by being provided with the said orchard as security in advance due to the special agreement, and Defendant B paid the remainder by the intermediate payment and 30 days before the date of establishment of the right to collateral security. Defendant B, as the actual operator of the Dispute Resolution Co., Ltd., the victim, who is likely to be provided with the collateral security, was able to know, and Defendant B, as the actual operator of the Dispute Resolution Co., Ltd.

However, in fact, Defendant A is liable for the amount of KRW 70,000 to financial institutions by raising the establishment fund of the Fund for the Fund for the Establishment of the Fund for the Settlement of Disputes, and has been liable for personal debts of KRW 50,000 to the loan companies, etc. from that time.

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