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(영문) 부산지방법원 2015.01.23 2014고합758
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2009, the Defendant, with D engaged in the real estate enforcement business, recruited the nominal holders who have no occupation or need to pay the purchase price with the knowledge that the apartment house was unsold in lots and could be purchased at an amount equivalent to 70% of the original selling price, and conspired to use the above apartment as a loan equivalent to 80% of the selling price in the financial institution by pretending that the nominal holders would have purchased the above apartment house as the original selling price.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (based on March 4, 2009, the Defendant prepared a loan application with D, and submitted it to the employees in charge of the above bank, and received a loan of KRW 179,00,000 from the above employees under F in the name of the name of the nominal owner, because F, who is the nominal owner, is not the actual purchaser of the apartment, is not the actual purchaser of the apartment, and thus, the Defendant and D purchased KRW 159,00,000,000 in the purchase price of KRW 227,80,000,000.

The Defendant, together with D, borrowed KRW 597,00,000 in total in the name of F, G, and H, as shown in 2 to 4 of the attached list of crimes committed on the same day.

Accordingly, the defendant, in collusion with D, received a total of KRW 597,00,000 by deceiving the victim agricultural cooperatives.

2. On February 18, 2009, the Defendant, along with D, purchased the 1101 E apartment house purchased by the Defendant and D at KRW 286,80,000,00, the original selling price of which is KRW 286,80,000, even though the Defendant and D purchased the 1101 apartment house that was purchased at KRW 200,000,000, because it was located in Geumcheon-dong, Busan, Seocheon-dong.

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