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(영문) 청주지방법원 2017.10.19 2015고단2175
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, from the date this judgment became final and conclusive, Defendant A.

Reasons

Punishment of the crime

"2015 Highest 2175"

1. Defendant A is the actual operator of G (ju) established by Cheongju-si F for the purpose of hot spring business, etc., and Defendant B, as an employee of the KH, a marketing consulting firm, provided management consulting and loan brokerage services to G (ju).

The Defendants completed construction of the above hot spring building around the end of December 2013, and obtained a loan from a financial institution for the payment of construction cost, repayment of existing loans, etc. from around January 2014 when they operated hot spring business, and provided the above building and the hot spring building site in the name of I (hereinafter referred to as “land of this case”) as security, but it can obtain the maximum amount of loans. Thus, the Defendants were entitled to transfer the ownership of the land of this case.

Therefore, the Defendants, at the K coffee shop located in the Heak-gu J around October 8, 2014, transferred the ownership of the land of this case in the name of the said I to L by succession or repayment of KRW 1.5 billion to L, and the construction cost, land price, and debt amount to be paid to L, and KRW 2.1 billion in total, and KRW 1 billion in loan if the amount of KRW 5.1 billion is loaned from the Jak-gu Seoul Metropolitan Government, the amount of KRW 1 billion will be paid, and KRW 1.1 billion will be paid within four months after additional loans are granted from the Jak-gu Seoul Metropolitan Government.

After doing so, on October 16, 2014, at the above K coffee shop, the remainder of the loans of KRW 5 billion to the victim is only KRW 250,000,000,000 in the construction cost, etc.

On the other hand, after receiving KRW 250,000,00 and completing the registration for the transfer of land ownership, all balance will be paid by receiving additional loans.

“Falsely speaking, this sentence among the facts charged against the Defendants at the time of the instant indictment, which read to the purport that “The Defendants, by reason of their failure, transferred to M the ownership of the instant land in the name of I, the husband of the said I at the K coffee shop located in the Heung-gu J around October 8, 2014.

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