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(영문) 부산지방법원 2016.01.14 2015고단2607
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 22, 2011, the Defendant purchased the forest land of 9,045 square meters (hereinafter “the forest of this case”) from F in the name of E, the wife, and acquired and held the registration of transfer of ownership under the name of E on July 29, 2011, the Defendant created a collateral security right of 390,000,000 won in total with the maximum amount of the claim regarding the forest of this case in the future of H, I, and J in sequence and lent money. Since the Defendant failed to repay the loan of Li and the debt to K, the provisional attachment was established in the forest of this case upon his application.

On May 7, 2013, upon the application of the above H, the Defendant started the voluntary auction of the forest land of this case, and the Defendant demanded the repayment of a separate claim for construction price.

The introduction of investors through L to bring a lawsuit on the debt by having the investors repay the debt to the above H et al., and at the same time, to resolve the incidental mortgage on the forest of this case and the physical burden of provisional seizure.

Accordingly, around June 2013, the Defendant received the victim M who was introduced through L in the instant forest site around the instant forest site "it has obtained approval for the establishment of a factory in forest and field, and the civil construction work has already been conducted. Accordingly, the Defendant obtained permission for the construction of a factory building and obtained a loan for the amount of KRW 600 million as security.

I would like to repay KRW 420 million with loans from forest land as security until July 31, 2013, by paying a total of KRW 370,000,000,000,000,000,000,000,000,000,000,000,000 won, in lieu of the mortgage debt and the provisional seizure debt set out in forest land.

In the future, I stated to the effect that the provisional registration is to be set up in the forest and field, and that the provisional registration is to be cancelled if the money is paid with the loan.

However, in fact, on May 12, 201, the approval of the factory start-up business plan approved by Sungju-gun to establish a factory to the above F on one parcel of land other than the forest of this case was revoked on May 12, 201, and the head of Sung-ju Gun in the name of F.

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