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(영문) 인천지방법원 2015.04.23 2014고합854
특정경제범죄가중처벌등에관한법률위반(사기)방조등
Text

[Defendant A] The defendant shall be punished by imprisonment for a year and six months.

[Defendant B, E, G, H, J, and K] Defendants are punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On February 19, 2008, Defendant C was sentenced to six months of imprisonment for a crime of fraud at the Daejeon District Court on June 5, 2008, and completed the execution of the sentence in the Daejeon Prison on June 5, 2008. On September 23, 2013, Defendant C was sentenced to three years of imprisonment for a crime of fraud, etc. at the same court, and the judgment became final and conclusive on February 13, 2014.

Defendant

F was sentenced to six months of imprisonment for fraud to the Incheon District Court on November 25, 2014, and the judgment became final and conclusive on February 24, 2015.

Defendant

I on September 24, 2014, the Incheon District Court stated "two years of imprisonment for fraud" in the instant indictment, but it is obvious that it is a clerical error, so it is corrected ex officio.

On October 2 of the same year, the suspended sentence was sentenced to two years, and the judgment became final and conclusive.

1. Around July 2010, the Defendant: (a) was a person specialized in the sale of unsold apartment units; (b) around July 2010, the Defendant: (c) was holding the authority to sell unsold housing units in Jung-gu Incheon Metropolitan City (4 units, including four units, including occupancy in September 2009, Si construction gold industry, 40 square meters and 43 households; and (d) 53 square meters and 117 households; and (e) was holding the authority to sell unsold housing units at a price lower than the initial sale price (40%) from the said gold industry; (b) was working together at another site at that time; and (c) was aware of the fact that he/she received a secured loan after the purchase price became final and conclusive; and (c) was 20,000 won per case (23-3% or more of the initial sale price; and (d) was able to obtain a secured loan, the Defendant made a request for a security loan under Article 29 (5).

Accordingly, V is the actual owner of a so-called sub-title who has no intent or ability to repay the principal and interest of the loan, and as if he purchased an apartment house according to the initial sale price, it is a loan which is higher than the amount discounted as collateral by applying for a loan by deceiving a financial institution by using forged loan documents (re-issuance certificate, etc.).

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