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(영문) 수원지방법원 여주지원 2019.02.14 2018고합50
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

B, C, and D shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, against Defendant A.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not disadvantage the defendants' exercise of their right of defense.

1. Defendant B, C, and D’s crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) [Formation Process of Public Offering] F, in collusion with G, prepares a false sales contract, minutes of a closed meeting, etc. on the land I in Yong-Namnam-gun, Seoul (hereinafter “instant land”), and completed the registration of ownership transfer in the name of F in relation to the instant land.

In addition, the loan was refused on the ground that the instant land was offered as security to JA and a mutual influent loan company located in Yong-gun, Yong-gu, Yong-gun, but the F was bad credit.

Defendant

B A certified judicial scrivener, Defendant C, and D are the heads of the clerical offices of Defendant B certified judicial scrivener offices, who have registered the ownership transfer of the land in F.

The above Defendants heard the circumstances in which the above loans were refused from F, etc., and requested F, etc. to allow F, etc. to obtain loans from financial institutions as security and accepted the request.

Accordingly, the Defendants were notified of the non-loan on the ground that they were not good credit while submitting F’s personal information to KA and LA and attempted to apply for the loan.

As such, Defendant C requested that the land of this case be loaned to a financial institution as collateral to a person who was known.

[B] The above Defendants asked A to use the method of lending the instant land as a collateral, and then, as F is not good credit and thus it is difficult to lend it, they would obtain a loan by using a third party with good credit. As to the instant land, the Defendants conspired to obtain a loan from F to obtain a financial institution after trusting Defendant D’s ownership from F.

Accordingly, F and the above Defendants.

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