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Defendant
A Imprisonment for four years, Defendant B imprisonment for eight months, Defendant C for one year, and Defendant D for four months.
Reasons
Punishment of the crime
[2013 Highest 8443]
1. The Defendant’s fraud supplied rice from AAF Joint Project Corporation (hereinafter “AF”), and sold it, and was no longer supplied rice with approximately KRW 340,000,000,000 with the outstanding amount to AAF, Defendant AF purchased a company “AB” and intended to be supplied with rice in the name of AB, but AAF demanded a collateral in the name of AFF. In response to the demand of AFF, AFF introduced AD through a nameless winner (one name AC).
At the time, AD had a debt of approximately KRW 500 million while promoting the new construction project of the Bupyeong-gu Incheon Bupyeong-gu AE-gu Multi-Family Housing, and it was a situation in which it is urgently necessary to prepare money because it is difficult to implement the project due to the shortage of business funds in the absence of certain income or assets due to bad credit.
The Defendant provided the rice as security to AAC and provided the rice as security. However, even if the rice was supplied with a collateral, it would no longer be supplied with rice if it was not repaid within 30 days. Therefore, in order to continuously be supplied with rice, the Defendant supplied rice sales proceeds to AAC and conspired to use the rice separately from AD.
AD, around November 18, 2010, at the office of AG reconstruction implementation company operated by Bupyeong-gu Incheon Metropolitan Government AF AD located in Bupyeong-gu, Incheon, established a collateral security of KRW 700 million for the first floor from the AI5 to the 8th floor of the Goyang-gu, Seoyang-gu, Busan, Inc. owned by AH Co., Ltd., and purchased the above parking lot to the victim AJ entrusted with the management and disposal right of the above parking lot. In addition, I agreed to establish a collateral security right of KRW 1.6 billion for this building to AAF, "I will receive rice from the above NAF and repay it first with the proceeds of sale, and transfer the ownership of the above parking lot."
However, it is true that the victim is KRW 1.6 billion in the future of AAF for the above building.