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(영문) 서울중앙지방법원 2015.08.20 2014고단5099
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The defendant was the representative director of E, a corporation with the purpose of road packing and painting business, and was a director of G agricultural partnership in the Gangwon-do Iron-gunF established on October 28, 2010.

From December 9, 2011 to December 2, 2011, the Defendant: (a) at a coffee shop in Seongdong-gu Seoul Metropolitan Government, where the trade name in Seongdong-gu is unknown; and (b) a restaurant where it is impossible to know the trade name in Songpa-gu (56 years old); (c) “G located in the Geumwon-gun F, etc., of Gangwon-do, is owned by I, a private partner; (d) due to negligence in the operation of I, the site and the buildings attached thereto are in progress at a voluntary auction. The representative director of G farming association established to obtain the above stock farm is pro-friendly J, and B is a director of the said farming association. At an auction, the Defendant plans to receive the above stock farm in the name of the said G farming association; (d) it is necessary to use the stock farm as a bid bond for this purpose; (e) it is possible to obtain a bid bid price of KRW 300,000,000,000,000,000.

However, even if the lien problem equivalent to approximately KRW 2.5 billion is not resolved due to the failure of prior agreement with the lien holders for the above G in progress of the auction, and thus, even if the successful bid is awarded, the balance of the successful bid cannot be paid since the loan equivalent to KRW 9550,150,000 from the financial institution was not available, and the victim provided a registration certificate (registration certificate) of the real estate ownership registered under the name of I and K as collateral to the victim.

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