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(영문) 서울중앙지방법원 2017.02.01 2014고합49
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

On February 10, 2012, the Defendant was sentenced to one year of imprisonment for breach of trust, etc. by the Seoul Central District Court, and the judgment became final and conclusive on September 13, 2012.

Criminal facts

[2014 Gohap 49] The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall be awarded a successful bid in the name of I and jointly under the following: (a) on January 13, 2010, the Defendant was awarded a bid in the name of I under the voluntary auction procedure (H of Suwon District Court) for the warehouse on the G and one parcel of land among the above land; (b) on the other hand, I paid the bid deposit of KRW 507,277,90, but any balance to be borne by the Defendant was not paid until March 3, 2010, which is the date of payment.

On April 6, 2010, the above court decided to sell the real estate again, set the date of the first sale as of April 20, 2010 and set the auction bond that was paid to the above court as at the place where it would be confiscated, and therefore, decided to pay the balance by entering into an agreement to distribute profits from the resale of the real estate and providing funds rapidly.

The Defendant, when raising funds from the victim L (the current trade name before the mutual change of K; hereinafter “J”) managing the Credit Business Chain Co., Ltd., Ltd., did not have any money invested in the auction at this case. On November 3, 2009, the Defendant agreed to divide the bid deposit between I and I by 50 and 50 of the Defendant’s outstanding profits from selling the above real estate through loan, etc., while the Defendant agreed to pay the remainder on March 3, 2010 when he was urged to pay the balance by March 31, 2010 when he received the request for the repayment of the deposit and the payment of the remainder, and the balance is divided by 50 to 50,000,000 won on March 31, 2010, after receiving the loan under the name of I and concluded a joint guarantee agreement between M, Inc., Ltd. with 6.5 billion won from Solomon Savings Savings, and the Defendant again agreed to receive the Defendant’s equity interest from the victim for at least 14 months.

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