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(영문) 광주지방법원 순천지원 2016.02.18 2015고합33
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor of one year and six months, and imprisonment with prison labor of 10 months and fines of 7,400,000, and Defendant C and E, respectively.

Reasons

Criminal facts

Defendant

A was a person working as the head of the office of M&A certified judicial scrivener, etc. located in Incheon, and Defendant B was a director of the credit management division of victims OFF located in Yong-gun N (hereinafter “OF”) who is engaged in loan-related affairs. Defendant C was a person working as the office of M&A certified judicial scrivener and P, and Q certified judicial scrivener office located in Incheon, and Defendant E was a person working as the office of Incheon certified judicial scrivener around 2009.

1. On March 2009, Defendant A and Defendant C concluded a contract for multi-household housing in Incheon area, etc., and a housing loan service agreement with the local government, etc. for which it is difficult to verify the actual transaction price of loan, and submitted a contract for purchase and sale (hereinafter “business contract”) or a certificate of market price to the bank to arrange for the payment of loan more than the actual loan amount. Defendant B, an employee of the OF, who is an employee of the OF, was in charge of the OF, and Defendant B prepared a transaction contract with the amount equal to the actual appraisal price, and made an application for the loan. Defendant B prepared the transaction contract with the purchase and sale price of loan subject to the OF at the amount equal to the actual appraisal price of the above house, and made a proposal to the effect that it is possible to pay the loan exceeding the loan amount provided for in the method of the OFF’s credit service by calculating the actual appraisal price of the above house.

Accordingly, Defendant B, while accepting the proposal of Defendant A with R at the time the head of the agricultural cooperative of the U.S. at the time, paid a loan more than the loan according to the credit business method in a way of calculating the amount stated in the transaction contract, etc. with knowledge that the transaction contract or market price certificate submitted by Defendant A was less than the actual purchase price (hereinafter referred to as “agricultural Cooperative located in a local area”) with the knowledge that the transaction contract or market price certificate submitted by Defendant A was less than

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