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(영문) 수원지방법원 2014.02.07 2013고합305
변호사법위반등
Text

1. As to Defendant A

A. 2 and 3-C of the judgment of the defendant A

The crime shall be sentenced to one and half years of imprisonment.

Reasons

Punishment of the crime

[criminal power] On April 6, 2007, Defendant A was sentenced to a suspended sentence of 2 months with prison labor for the crime of forging private documents at the Suwon District Court on December 21, 2007, and the judgment became final and conclusive on December 21, 2007. On July 6, 2010, Defendant A was sentenced to a suspended sentence of 3 months on July 14, 2010 by imprisonment with prison labor for the crime of violating the Act on the Control of Narcotics, etc.

Defendant

B On August 28, 2008, the Suwon District Court was sentenced to one year of suspension of the execution of imprisonment for a crime of fraud on December 8, 2008, and the judgment became final and conclusive on December 8, 2008, and on July 18, 2012, the judgment became final and conclusive on November 12, 2013, which was sentenced to two years of suspension of the execution of imprisonment for a crime of fraud.

【Criminal Facts】

1. Defendant B and C’s joint criminal conduct (the fraud against Defendant K (the fraud 2013 Gohap378)) committed by Defendant B around November 2009, Defendant B attempted to borrow money by deceiving other persons to offer real estate as security, as L Bana operated by himself/herself is difficult to operate each month from 200 to 30 million to 30 million won. Since several collateral security interests have already been established on the said S Bana or building, it is difficult to offer additional loans secured by the said building as well as by deceiving other persons.

Defendant

B Around that time, it means that Defendant C is able to pay part of the borrowed money if it is intended to borrow money with the money secured by another person’s real estate, and Defendant C agreed to do so by accepting it.

Defendant

B, on November 2009, the victim K in Gwangju City would like to borrow money from the bonds company due to the shortage of funds to establish a building on the land set up in Ischeon-do while carrying on the construction business at the house of the victim K located in Gwangju City.

To borrow KRW 300 million on the high seas as security and repay the existing collateral security debt of KRW 120 million, and the remainder will pay the principal and interest until August 30, 2010 after using the payment.

To secure this, the right to collateral security will be established on the building and Pyeongtaek-si's site.

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