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(영문) 부산지방법원 동부지원 2017.01.13 2016고합101
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant B is the representative director of F Co., Ltd. (hereinafter “F”), and Defendant A works as a managing director of F.

The Defendants purchased non-performing loans from the Si bank, etc. and attempted to sell them through auction procedures, etc. However, the Defendants, upon the lack of financial resources for the purchase of the bonds, sold the non-performing loans to the victims G, the Defendants, who lent the money for the purchase of the non-performing loans to the victim G, sold the first-class collateral security right, which was established in the real estate and the real estate located in the Nam-gu JJ of the Nam-gu of the Republic of Korea (hereinafter “instant real estate”) to the victims of the non-performing mortgage, and conspired to receive money from the victims.

Accordingly, Defendant B had Defendant A access to the instant real estate and lent money from the victim for the purchase of non-performing loans, and ordered Defendant B to borrow money from the victim. Defendant A, in the office of the victim in Busan Jin-gu, Busan, on May 2008, can be seen as having purchased non-performing loans from the victim in the last auction procedure.

In the instant real estate, the National Bank, etc. has the right to collateral security debt, which is a creditor, and the same purport was false to the effect that, upon lending money under the name of a bid bond, it would create the first priority collateral security (hereinafter “each right of collateral security”) on the instant real estate after receiving a successful bid of the said claim.

However, in fact, since the Defendants received a loan from a mutual savings bank in the amount of KRW 11.6 billion among the 11.6 billion successful bid price with respect to the right to collateral debts awarded by the national bank at the time, the first priority collateral is to be set up in both the mutual savings bank, and there was no intent or ability to set up the first priority collateral to the victim, and disposed of the purchased collateral collateral claims.

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