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(영문) 대구지방법원 서부지원 2013.11.28 2013고합121
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment of one year and six months, respectively.

Reasons

Criminal facts

The Defendants accessed real estate owners who are not well-known with E (Arrest on July 19, 2013, detention on July 21, 2013) and F, etc., followed by allowing real estate owners to provide collateral for a loan and pay the full amount of the purchase amount, and then, had the real estate owners receive the loan upon the execution of the loan, and did not pay it as the purchase amount.

Accordingly, Defendant B performed as a director of “G” using the provisional name of “G” and providing financial and real estate consulting, and conspiredd with the victim H to provide collateral and inducing the creditor, etc. to provide collateral, and with the victim’s sexual intent to engage in the loan. F introduced Defendant B to the victim and introduced Defendant B to the victim and carried on Defendant B on the vehicle. Defendant A is the representative of the “Ship Processing Business,” which is in the city of Gyeongnam-gu, Gyeongcheon-do, and was the representative of the “I” and used as business funds, such as purchasing ownership after receiving the full amount of the purchase price and providing the ownership as collateral and obtaining additional loan as if it were to be used as business funds, such as purchasing Japanese vessel painting machinery with the additional loan. E certified judicial scrivener assumes the “J”, the chief of the office of judicial scrivener, and received necessary documents from the victim and performed the act of normally lending the loan.

피고인들은 E, F 등과 함께 2012. 7. 20.경 충남 서산시 동문동에 있는 ‘첼로’ 레스토랑에서 피해자에게 "월 2.5%의 이자를 지급하는 조건으로 I 대표 A 명의로 K 회장으로부터 17억 원을, L 등으로부터 4억 원을 대출 받아 충남 서산시 M에 있는 ‘N’ 펜션을 20억 원에 매수하겠다,

In order to receive a loan from the K Chairperson, etc., the purchase price of KRW 2 billion will be paid.

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