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(영문) 울산지방법원 2017.08.25 2015고합3
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years, for two years and six months, for Defendant C and E, for 10 months, and for Defendant D.

Reasons

Punishment of the crime

" 2015 Gohap 99"

1. On July 2, 2012, Defendants A, B, and E conspired to pay the victim K a down payment of KRW 10 million for the purchase of the land at the time of the racing, and the intermediate payment of KRW 160 million for the lack of KRW 100 million for the lack of the intermediate payment of KRW 160,000,000,000 for the above land, the Defendant borrowed KRW 150,000,000 from the purchase of the above land at a low price, and the said loan amount of KRW 80,000,000 for the remainder of the land that was not paid before the purchase of the said land and KRW 150,000 for the above loan amount of KRW 230,000,000.

However, even if the Defendants borrowed the above money from the injured party, they purchased the above land and completed the registration of transfer of ownership in the name of Defendant B, on August 16, 2012, which was later on July 12, 2012, the Defendants: (a) on August 16, 2012, established the right to collateral security of KRW 70 million to Defendant A and the right to collateral security of KRW 150 million to Defendant B’s creditor N on August 30, 2012; and (b) there was no intention to sell the above land in fact; and (c) there was no intention or ability to sell the said land to repay the above borrowed money normally to the injured party.

As a result, the Defendants conspired to deception the victim as above and acquired KRW 100 million from the victim on July 2, 2012, and KRW 50 million around July 12, 2012 from the victim.

"2015 Gohap 3"

2. The Defendants jointly committed the crimes of Defendant A and Defendant B committed the following acts: (a) on the basis that the Saemaul Bank employees calculated the amount available to the Saemaul Bank employees, the actual transaction of the land provided as security purposes play an important role; and (b) on the ground that the third party was the purchaser, the third party was willing to receive more loans than the so-called “the early payment method”, which submitted to the Treasury a false transaction contract stating excessive money than the real purchase price.

A. On July 27, 2012, the Defendants: (a) around 2012, the fact that around July 27, 2012 was owned by O andO, and four other, P. of this case prior to 2,381 square meters (hereinafter “the instant P”).

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