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(영문) 인천지방법원 2017.08.18 2016고합745
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal record] On June 8, 2016, Defendant A was sentenced to a two-year suspended sentence of imprisonment for embezzlement at the Incheon District Court on April 2016, and the judgment became final and conclusive on June 16, 2016.

Defendant

B On March 18, 2015, the Suwon District Court sentenced imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Suwon District Court on March 18, 2015, and the judgment was finalized on September 5, 2015.

[Criminal facts] Defendant A is an actual operator of D Co., Ltd., and Defendant B is a representative director under the name of D Co., Ltd., who produces, manages, and operates forkless driving in D Co., Ltd.

On March 2012, the Defendants acquired D Co., Ltd. and conducted facility investment and invested in an amount equivalent to KRW 1 billion from E Co., Ltd., and sought to operate steel product processing and selling business. However, the Defendants operated D Co., Ltd. by offering third parties’ real estate, etc. to the raw material supply unit as security and processing and selling raw materials on the wind that is not invested by E Co., Ltd.

On March 2013, the Defendants concluded a sales contract for the said real estate with the knowledge that the victim G would sell real estate located in the Gyeonggi-gun, which was owned by the victim G, through the introduction of F, which was the first place on March 2013, but planned to pay only a part of the purchase price and provide the said real estate as security to the raw material supply unit.

Defendant

A around March 14, 2013, at a restaurant operated by the injured party in Triju-si H, the victim will purchase the victim's "I, J, K land (total of 3,214 square meters) and above-ground restaurant and housing (total of 386.68 square meters) at KRW 1.28 billion.

The down payment of KRW 50 million is immediately paid.

The loan amounting to KRW 410 million from the above real estate as security will be succeeded to at the time of registration of transfer of ownership.

In addition, with regard to the above real estate as D Co., Ltd., the maximum amount of KRW 1 billion is set up against L Co., Ltd. with the debtor as D Co., Ltd.

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