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(영문) 부산지방법원 2018.05.01 2018고단528
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The defrauded LLC Co., Ltd. (hereinafter “U special purpose company”) purchases non-performing loans or assets, and the Co., Ltd. V (hereinafter “V”) performs the role of managing and disposing of non-performing loans or assets purchased by the U special purpose company by delegation from the U special purpose company.

Defendant

B Around October 15, 2014, at the office located on the 18th floor of Jongno-gu Seoul Metropolitan Government Jongno-gu W building, the victim T enter into a contract to acquire the first priority mortgage claim amounting to KRW 6.345 million (hereinafter “the instant claim”) in the aggregate of the maximum amount of the claims for voluntary auction of the AA's real estate held by the relevant U special purpose company, which is the object of auction at X-si and Y Zel (hereinafter “instant Zel”) at the time of the remainder of the bid price, and the victim T can receive a refund of the difference of KRW 2.9 billion in the bid price, which is the equivalent value of the above acquisition price, and thereby receive a successful bid, and can be seen as stable operation of the instant Zel due to the purchase of the instant claim with the U special purpose company, regardless of the successful bid price.

In order to proceed with this process, if only the injured party prepares a bid bond to participate in the takeover of the claim, the remaining remainder of the successful bid is a contract to acquire the claim of this case from the U.S. special purpose company to make it possible to receive a loan from a financial institution, and the auction bid price is 5 billion won, and the remainder of the successful bid price is 5 billion won, and the auction bid price is 5 billion won, and it is necessary to pay 20 million won, as teaching expenses and other expenses are required to find out the remainder of the successful bid loan in the financial right.

However, in fact, the Defendant sells the Zel at the lowest sale price during the auction. 2,960, 296.

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