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(영문) 대전지방법원 천안지원 2009.10.08 2008고합229
특정경제범죄가중처벌등에관한법률위반(사기) 등
Text

1. Defendant A shall be punished by imprisonment with prison labor for a period of two and a half years, Defendant B and C, respectively;

Defendant

A. B. objection against A and B

Reasons

Punishment of the crime

Defendant

A as the representative director of S Co., Ltd. (hereinafter referred to as “S”) who is an executor of construction of R apartment in the urban development zone of the Y Zone in the Y Zone of the Yananananan, the person who is in charge of the overall management of the above company's business, Defendant B as the chief of the management department of the above S, and Defendant C as the relatives of the above A and the executive director of the above S, who is in charge of the overall management of the company's

1. Around November 2006, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A, B, and C was loaned KRW 80 billion from the National Bank to the victim T&A (hereinafter “PF”), which is the contractor of the above apartment, with the payment guarantee of the victim T&A (hereinafter “T”), and the approval of the victim T&A, which is the payment guarantee, was required for the withdrawal of the PF fund.

However, around September 13, 2005, at the same time, the Defendants conspired with the Defendants, and even around September 13, 2005, S had already lent the name of 7792 square meters in the development site of the Q district in the Q district in the Q district, and purchased the name of 2.7 billion won in the form of 2.7 billion won. However, the fact was decided to see that S would purchase the land in W from W more than the above amount, and then obtain a loan of the PF fund, and then raise the funds in excess.

On December 26, 2006, at the S Office located X 301, the Defendants prepared a sales contract as if S has purchased the above V forest land of KRW 7,792 square meters from W with the purchase of KRW 4.24,26 million, and send this contract and a written request for withdrawal to the representative Y of the housing project department of the victim T who is unaware of the fact, and the Defendants received from the national bank KRW 4.24,26 million from the national bank for the payment of intermediate payment of the above land out of the PF funds according to the approval of the victim TW withdrawal.

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