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(영문) 인천지방법원 2016.07.26 2015고합358
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

B The summary of the acquittal part in this judgment shall be publicly notified.

Reasons

[Defendant A] Some of the facts charged were revised to the extent that the identity of the actual facts charged is not undermined.

The Defendant, from around December 21, 2010 to around November 15, 2013, operated the said company as the representative director of H (hereinafter “H”) located in Gtel 703 in Gyeyang-gu Incheon Metropolitan City. From around November 15, 2013 to October 7, 2014, the Defendant registered the victim I as the representative director of the said company, and operated the said company.

The Defendant, from the victim of damage, intended to purchase 15,171m2, K forest and 313m2, L forest and 12,920m2 (hereinafter referred to as “instant land”) for the construction of H’s factory.

On August 6, 2013, the Defendant entered into a sales contract with the victim to purchase the instant land in the name of H from a non-real estate office in the name of the NM in the name of the victim and the victim, and the Defendant would substitute the victim with the assumption that “a down payment shall be liable for the debt KRW 500 million for which the right to collateral security is established,” and the remainder of the loan shall be paid KRW 250 million, and the remainder of the loan shall be 150,000,000,000 won from the Korea Credit Guarantee Fund as the remainder of the loan would have been obtained from the Korea Credit Guarantee Fund.

First, it was false to the effect that “If the registration of ownership transfer of the instant land is transferred in H’s name, the balance will be paid without the mold.”

However, there was no promise from the Credit Guarantee Fund to the effect that the defendant was aware of the general credit guarantee terms and conditions or qualifications of the Credit Guarantee Fund and was to issue a credit guarantee certificate.

In addition, at the time, the Defendant was bad credit standing and the H was a dormant corporation with no record for about four years, and the Defendant or H was unable to obtain a credit guarantee from the Korea Credit Guarantee Fund under the name of the Defendant or H, and thus, the instant land is owned by the victim under the name of H.

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