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(영문) 서울중앙지방법원 2016.10.19 2015고단6129
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 2013, the Defendant decided to purchase 12 houses from among 12 stores on the ground E, Jung-gu, Seongbuk-gu, Sungnam-gu, and Y (hereinafter “E shop”) owned by C Co., Ltd. (hereinafter “C”) and F, the wife population G and H real estate (hereinafter “use real estate”) owned by F, the representative director of C.

In order to raise the purchase price of each of the above real estate through a loan from a financial institution, the Defendant: (a) purchased each of the above real estate in a total of KRW 7.7 billion; (b) prepared a false sales contract as if the purchase price was causing 9.2 billion; and (c) entered into a monetary loan agreement with C as of August 27, 2013 in order to secure repayment of the remainder of the purchase price deducted from the acquisition of bank loans, etc.; and (d) concluded a monetary loan agreement with C as of August

However, since the financial standing of the defendant corporation I aggravated from 2011 to 2013, criminal cases against the defendant were in progress due to delayed payment of wages and non-payment of borrowed money, etc., and the defendant was in excess of his/her obligation due to the lack of real estate or cash, even if he/she received a loan from a financial institution as collateral, he/she did not have the ability to pay the remainder of the purchase price to be paid as a loan even if he/she did not receive a loan from the financial institution. However, the defendant borrowed money from around 200 million won because he/she concealed such circumstance, or intended to borrow money from others, or transfer business rights in E, etc. to others, with money received as a security deposit.

1. Fraud to the victim J;

A. On August 2013, the Defendant extended a loan to the victim J in the vicinity of the 6th occupation of the National Bank located in the new village of Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

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