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(영문) 수원지방법원 2017.02.09 2016고합63
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 2013, the Defendant introduced D, the representative director of C corporation, and attempted to obtain a loan from the said corporation after being aware of the construction situation of factory facilities in progress in the said corporation, D’s debt status, and the fact that the said factory site and building are in progress at auction. However, upon entering into a contract with the victim, the Defendant conspired to obtain a loan from the said corporation as collateral.

The Defendant, in collusion with D on May 22, 2014, at a notarial office located in the Gwangjin-gu, Seoul Metropolitan Government, a member of Ansan-si, that “D will operate a factory and purchase the real estate owned by the victim at KRW 2.6 billion with the proceeds from the loan of the victim’s real estate if the funds are insufficient to build the factory facilities operated by the Defendant, and that “D will operate the factory and purchase the real estate owned by the victim at KRW 2.6 billion,” and the Defendant would take fraud between the private money.

B. On May 29, 2014, when filing an application for a loan in the name of F at the point of Anng Sinsan-si, the Ministry of Land, Infrastructure and Transport signed as a joint guarantor under a monetary consumption lending contract and signed as a joint guarantor to establish a collateral and to grant a loan. On May 29, 2014, the Ministry of Land, Infrastructure and Transport set the first priority collateral security right to the said real estate by providing the amount of KRW 962 million to G and 15 lots of land at the time when the ownership transfer was registered under the name of the victim’s wife, and providing the said real estate as security at the point of Anng-si, the Ministry of Land, Infrastructure and Transport, the debtor, the F and the person who provided a collateral security as an agricultural cooperative against the F and the person who

However, the fact that D established C corporation of KRW 900 million invested on September 201, 201, but it purchased a building and site to be used for a livestock product processing factory on October 8, 2012 due to the financial shortage, but failed to appropriately procure the facility cost from July 2013 to July 201.

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