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(영문) 부산지방법원 2013.08.23 2011고합850
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A and B Imprisonment with prison labor for two years and six months, and each of the defendants C and D shall be punished by imprisonment for one year and six months.

except that this judgment.

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2010, Defendant C was sentenced to a suspended sentence of three years in the Busan District Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which became final and conclusive on November 5, 2010.

Defendant

D On January 30, 2009, the Daegu District Court sentenced 4 years of suspension of execution to 2 years and 6 months of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and became final and conclusive on February 7, 2009.

【Criminal Facts】

Defendant

A is the representative of the I Co., Ltd. in the Geum-gu Busan Metropolitan Government H, and Defendant B is the head of the foregoing I’s business. Co-defendant J prior to the separation of pleadings (hereinafter “J”) is the representative of L Co., Ltd. in Busan Metropolitan Government Office 102 and 409, which is the representative of L Co., Ltd. in which the Ktel 102 and 409 are unsold in lots. Defendant C, D, and Co-defendant M (hereinafter “M”) prior to the separation of pleadings is a specialized hub for the resale of unsold apartment.

Defendant

A and B, when the Daegu-gu N apartment, which was under construction in the International Company, was almost not sold due to the real estate market erosion, and was affected by the pressure of funds, they requested J, etc., which is a specialized huber for the resale of unsold apartment, to sell unsold apartment units. The J, etc., which consented to the request, etc. to sell unsold apartment units. Even if it did not have any specific property and did not intend or ability to actually purchase apartment units without any intent or ability to repay the loan to the financial institution, and made a false sales contract with the housing unsold in lots in the above N's name with the name of "the owner of the housing unsold in lots" at the financial institution, and after concluding a false sales contract with the above N's "the owner of the housing unsold in lots," the financial institution, which received a loan from the above "the owner of the housing unsold in lots" in the name of the above "the owner of the housing unsold in lots", and the defendant A, etc., in return for that payment, shall be 3 million

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