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(영문) 부산지방법원 2012.10.23 2012고단1327
사기
Text

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of three years, respectively.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

Defendant

B On May 30, 2012, the Busan High Court sentenced three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan High Court on August 17, 2012, which became final and conclusive on August 17, 2012, and Defendant A was the representative director of the F corporation, and Defendant

After establishing F on July 6, 2005, the Defendants intended to purchase a building in amounting to 20 billion won, which was owned by G, Busan, Busan, and H 8 lots of land: H, Busan, Busan, and 8 lots of land. However, the Defendants decided to borrow the down payment for the purchase of the building on condition that the above building would bring the victim E who would have no money for purchase of the building, and would guarantee the above E a certain amount of profit.

Therefore, on April 18, 2006, the Defendants concluded a sales contract to purchase the said building from G Co., Ltd. to 20.5 billion won, and agreed to pay the remainder KRW 18.45 billion to G Co., Ltd. within five months after lending KRW 2.5 billion from the said victim on the day, and paying the said building as the down payment.

However, the Defendants failed to prepare any balance until the end of the remaining payment period, and were placed in a situation in which the above sales contract can be rescinded, thereby soliciting the victims to obtain money from the victim under the pretext of extending the remaining payment period.

Therefore, around September 5, 2006, at the office of the K company in charge of the operation of the victim in Busan High-gu, Busan High-gu, Defendant B, “A intends to obtain a loan from the second financial right because it is difficult to obtain the PF loan from the Busan High-gu, Busan High-gu, and Defendant A means that “A must extend the due date for the remainder of the PF loan from the Busan High-gu, and A and D,” and Defendant A means that “A must extend the due date for the remainder through the second financial right, and Defendant A must exercise the pressure to G by April 30, 207 through the former Vice-Chairperson, so it is necessary to extend the due date for the remainder of the sales contract by April 30, 2007.”

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