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(영문) 의정부지방법원 2016.07.27 2016고합28
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for six years and for four years, respectively.

Reasons

Criminal facts

Defendant

On July 24, 2014, A was sentenced to five months of imprisonment for fraud at the Daegu District Court, and the execution of the sentence was terminated on September 24, 2014.

Defendant

A is a real estate dealer, Defendant B is an operator of H Co., Ltd. (hereinafter “H”), and the victim I is a person who owns J 3,792 square meters and buildings on the land (hereinafter “the instant real estate”).

1. Defendant A, upon receiving a request from the injured party for the sale of the instant real estate from the victim, and after consultation with Defendant B, Defendant B acquired the instant real estate from the victim as the “Defendant A Co., Ltd. (hereinafter “K”) was less than the purchase price anticipated for the real estate price (5 billion won) and it proposed that K purchase the instant real estate by obtaining a loan of KRW 20 billion from the victim.

However, K (as of December 31, 2013, approximately KRW 35 billion in annual sales) was an existing loan amount of KRW 8 billion and was able to obtain an additional loan of KRW 1 billion in addition, and in itself, it did not have the ability to obtain a loan of KRW 20 billion, and Defendant B operated was a company with little sales, and there was no funds to take over K.

Nevertheless, the Defendants did not properly notify the victims of these circumstances and conspired to use the loans for personal purposes by borrowing the victim’s land as security.

A. On December 2014, the Defendants purchased the victims’ real estate by borrowing KRW 20 billion to the Defendant’s acquisition of the instant real estate from the Company, “A person is difficult to purchase the instant real estate, and must purchase it from the Company.”

Therefore, even if the real estate was established as security, the Defendants did not have any intent or ability to purchase the instant real estate through the said company, even if the real estate was established as security.

The Defendants are the defendants.

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