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(영문) 부산지방법원 2016.03.10 2014고단10306
사기미수
Text

[Defendant A] Imprisonment with prison labor for six months

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] (State) L (hereinafter “L”) representative director is the owner of M with an area of approximately 264 square meters in Busan East-gu N, Busan-dong, and Defendant A started construction of P “P” (hereinafter “the instant construction”) from March 25, 2004 after obtaining a construction permit under the joint name on the said land, M and Defendant A agreed to sell part of M to Defendant A after obtaining a construction permit under the joint name. On July 25, 2003, M and Defendant A began to build multi-family housing and buildings for neighborhood neighborhood living facilities (hereinafter “instant building”).

M was suspended from construction due to financial standing around July 2004, Q was requested to lend money to Q Q engaged in corporate bonds business in Busan. Q was introduced through R conducting corporate bonds business in Seoul in Seoul. Defendant B, etc. was established around July 8, 2005 (hereinafter “T”) and M and T lent KRW 1.2 billion to M, but if M did not change, M and T agreed to change the name of the owner of the building permit.

Since then, M, Q, Defendant A, etc. cannot continuously promote the instant construction in the name of L due to the progress of auction on the instant land, etc. in the name of L.

Around September 16, 2005, L and Defendant A prepared a trade agreement with the purport that they sell the instant building to T in the purchase price of KRW 2.6 billion and changed the name of the owner of the instant construction to T around November 2006.

On April 2006, M borrowed approximately KRW 1 billion from U and V due to the shortage of funds, and completed the registration of ownership transfer of the instant land to V.

Since then, Defendant B and V are jointly businesses after making all the name of the owner and the title of the instant site T.

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