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(영문) 인천지방법원 2014.11.20 2013고합805
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On January 2005, the Defendant: (a) conspired with D, appraiser E, appraiser G, and sale hub H, etc. in order to sell the unsold housing units among the Seoul Gangseo-gu Seoul Gangseo-gu C apartment with approximately 50 percent of a fraudulent appraisal report; (b) prepare a false sale contract as if it was normally sold to the so-called “BB”, the nominal owner, based on the false appraisal report; (c) planned and led the Defendant, D, and E to commit the entire criminal act; (d) provided the condition that H receive the right to lease of an apartment in the name of the owner; and (e) provided the same condition that H would receive the right to lease the apartment in the name of the owner from D, etc.; (e) provided the aforementioned appraisal report to E, appraiser F, appraiser G, and sale hub; and (e) provided the name of the owner of the land, G, and F to share the false appraisal report with each appraisal report.

On January 2005, the Defendant made a mutual investment of KRW 50 million with D in order to obtain an illegal loan by the above methods, and E requests G and F to make an appraisal of KRW 201,00,000 per actual average market price of KRW 5.3 million. G and F to make a false appraisal of KRW 9.2 million at an average market price higher than KRW 5.3 million per actual average market price. G and F shall prepare and issue the above false appraisal report, and I, the so-called “F”, borrowed the buyer to use his name. D, based on the above false appraisal report, prepared a false sale contract stating the buyer’s above I and the amount of KRW 290,00,000 for the above apartment 201, and submitted a false appraisal report, including a false appraisal report and loan, to employees at the victim's overseas exchange bank Incheon branch in Jung-dong, Jung-gu, Incheon, and around January 17, 2015.

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