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(영문) 서울고등법원 2017.01.19 2016노608
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The summary of the judgment against the Defendants is published.

Reasons

In order to obtain a loan of KRW 10.5 billion from the bank to purchase the I building and its site (hereinafter “I”), the Defendants jointly offered the AA land and its ground buildings owned by the Z (hereinafter “K and Z-owned land and its ground buildings”) and the AA land and its ground buildings owned by the Z, which were owned by the Defendants to purchase from K, as a security, with the above I, to jointly offer the purchase price to K as KRW 3 billion.0 billion, the Defendants did not conclude that the purchase price was paid to K by providing the instant real estate separately from the I.

In addition, the land AC and the same Gun AD (hereinafter referred to as “the instant additional real estate”) owned by Korea, which was offered as joint collateral to Korea bank, was included in the land intended to be offered to Korea bank as joint collateral together with the instant real estate, but was found to have been omitted from the real estate list which was first offered to Korea bank, and as required by Korea bank, K was supplemented by the real estate list. The Defendants offered the instant additional real estate as joint collateral to obtain the additional loan, and the Defendants would terminate the right to collateral security by terminating the said additional real estate within one month of the face value.

It was not false or false.

B. The Defendants, with the consent of K, provided the instant real estate and the instant additional real estate to our bank as joint collateral with I, and planned to pay KRW 550 million out of the loan to K first, as part of the loan. After that, the Defendants were not expected to pay the cost of ownership transfer or I, due to unexpected circumstances.

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