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(영문) 광주지방법원 2013.11.28 2012고단931
무고등
Text

1. The crime of attempted fraud under Article 2(b) of the judgment of Defendant A shall be punished by imprisonment for 4 months and the remaining crimes.

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2010, Defendant A was sentenced to imprisonment with prison labor for one year and six months for the crime of causing bodily injury resulting from special obstruction of performance of official duties at the Gwangju District Court, and three years for suspended execution, and the above judgment became final and conclusive on November 26, 2010.

【Criminal Facts】

1. Presumption of the premise, Defendant A is well-known E in Jeonyang-gun, Jeonyang-gun, and Defendant B is Defendant A’s friendship, and F is the actual representative director of G Co., Ltd. (hereinafter “G”).

around June 2, 2006, F purchased five parcels of land, including Jeonyang-gun, Jeonyang-gun H (hereinafter “instant land”) in the name of G, and obtained a loan from the Korea Exchange Bank. When the said bank applied for an auction of the instant land from the said bank on the ground that the said loan was not timely repaid, F agreed with the said bank by paying KRW 750 million and receiving the withdrawal of auction.

F around September 5, 2008, in order to raise the above KRW 750 million, around September 5, 2008, the F planned to establish a provisional registration of the right to claim ownership transfer with respect to the land in this case and borrow KRW 400 million with respect to the land in this case, and to pay KRW 750 million to the bank, including the above KRW 400 million, to withdraw an auction on the land in this case, and to operate a solar power plant (hereinafter “the project in this case”).

On the other hand, Defendant A solicited F to participate in the instant project from around October 2008, and solicited Defendant B, including Defendant B, to make an investment in the instant project from around October 2008.

F In order to repay KRW 400 million borrowed from F I as collateral, it is not easy for F to obtain a loan under the name of F to obtain a corporate G in order to obtain a loan, but it is not easy for F to obtain a loan under the name of F, an individual Defendant A, who completed the registration of ownership transfer on the instant land in the name of F, and then obtain a loan as collateral, and then a corporation scheduled to be established in the name of investors recruited by F, under the name of F, the solar power generation project.

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