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(영문) 인천지방법원 2016.11.17 2016고단1563
사기
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.

Reasons

Punishment of the crime

[Basic Facts] Defendant B received a loan of KRW 690 million from the Reinforcement Forestry Cooperatives around June 16, 201 to pay the remainder in the process of purchasing a forest land of KRW 46,187 square meters, F forest land of KRW 1,087 square meters, and a forest land of KRW 327 square meters located in G (hereinafter “instant forest”) located in Incheon, Incheon, under the plan to sell the forest land after purchasing the forest land as a site for electric source upon the Defendant A’s solicitation, which is a fluorous birth, and established a collateral security right to the instant forest of KRW 96,00 million with the maximum debt amount.

After all, the Defendants, even though there was no funds for the development of the instant forest, had H perform the construction of an access road up to the instant forest under the condition that he would obtain an additional loan as collateral and pay the construction cost. However, even if the said construction was discontinued around October 2012 and around 70% of the said additional loan, the Defendants were urged H to pay the construction cost equivalent to KRW 160,000,000 as the said construction was discontinued.

In addition, around October 2012, the Defendants purchased approximately KRW 15,749 of 17,00,000,000,000,000 from five persons, including I, in the name of five persons, and received loans from the above five persons, and the remainder of the purchase amount was assumed by the seller, but there was no particular income or property, and it became very difficult to cope with the interest rate of KRW 13,00,000 per month on the above loan and interest rate of KRW 4,000 per month on the forest of this case.

On the other hand, the Defendants were offered to the steel company that they acquired from K as collateral the above E forest, F forest land located in the steel company located in the high seas, and were offered to loan KRW 600 million in cash at no interest rate one week after November 28, 2012. On the other hand, around November 28, 2012, the Defendants set up a collateral security right of KRW 1.3 billion in relation to the above forest land, which was held by the debtor, Taesungethyl, Cho & Steel Co., Ltd., and the maximum debt amount of KRW 1.

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