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(영문) 수원지방법원 여주지원 2015.06.26 2014고단677
사기
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 23, 2014, Defendant A was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Suwon District Court, and the judgment became final and conclusive on February 4, 2014.

Criminal facts

The Defendants, under Defendant B’s name, completed the registration of ownership transfer for D and E commercial buildings (hereinafter “D buildings”), and the victim F is the owner of the G land in the Gunsan City (hereinafter “Gunsan land”).

On December 28, 2012, the Defendants: “B is a senior public official of Jongno-gu Seoul Metropolitan Government, and it is necessary to assign the government position to the victim F. Therefore, due to the public official’s property examination, the Defendants purchased the D building in the amount of KRW 2.45 million, but transferred below the market price. The appraisal amount of the D building is KRW 2.25 billion, the loanable amount of KRW 1.5 billion to the National Bank, and the amount of KRW 1.45 billion is KRW 1.1 billion, but the actual loan amount is set at KRW 1.1 billion, and it is possible to lend additional amount of KRW 1.40 million to the National Bank. However, since the interest was overdue to the D building, the Defendants first sent KRW 2.2 million to the New Finance Center through an exchange contract, and presented the appraisal statement that was requested to the New Finance Center Vice Governor from among the Korea Financial Center that arranged the exchange contract.”

However, in fact, the Defendants discovered additional loans from the National Bank in addition to KRW 1.1 billion, but at least 50% of the appraised amount was rejected, and it was impossible to lend additional loans to the above D building.

Nevertheless, around December 31, 2012, the Defendants transferred KRW 20 million to the Agricultural Cooperative Account in Defendant B’s name to the victim’s false statement.

As a result, the Defendants conspired to receive the property of the victim.

Summary of Evidence

1. Part of the Defendants’ part of the first trial record.

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