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(영문) 의정부지방법원 고양지원 2018.07.10 2017고합278
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, as a person operating E in Pakistan, entered into a sales contract for the purchase of G, H, and I land (hereinafter “the instant land”) from F on February 2016, 201, for the purpose of paying a purchase price pursuant to the said sales contract to F and constructing a motor vehicle maintenance plant on the instant land, he/she was willing to receive a loan from the victims’ stable (hereinafter “victim”) with the said land as security for the purpose of constructing a motor vehicle maintenance plant on the instant land.

On March 22, 2016, the Defendant submitted a certificate of confirmation of remittance, etc. to the effect that, at the 2nd office of the victim association located on the second floor of the building of the 1950,000 won in this land, the Defendant would make a mortgage on this land, and that, on March 22, 2016, the Defendant continued to pay the total amount of KRW 760,000 to the victim association responsible for requesting the payment of down payment and intermediate payment of the instant land for the purpose of approval of the loan, the Defendant paid the total amount of KRW 760,000,000 in the purchase price.

4. 8. Around January 1, 200, a letter of statement stating that “A loan from a victim union is granted,” if a building permit is canceled, additional security will be offered and used for repayment of a refund such as a charge for exclusive use and a charge for development due to cancellation of a building permit.”

However, in fact, the Defendant purchased the instant land in KRW 1.95 billion, not by KRW 1.88 billion, but by using the method of temporarily paying the down payment and intermediate payment to F after temporarily lending the money from the Bracker’s loan to F, and thus, was unable to pay the down payment and intermediate payment. At the time, the Defendant was liable for a large amount of debt, such as KRW 120 million loan of financial rights and KRW 230 million, and KRW 230 million, and there was no ability to provide additional security. Therefore, even if the Defendant received the loan from the victim, the principal and interest thereon are normal.

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