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(영문) 청주지방법원 제천지원 2017.09.07 2017고합13
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2017 Gohap 13] The Defendant is the owner of buildings and land, which is a sports center and private house or facility in Incheon City C.

On August 24, 2011, with regard to the above building and land as the debtor as the defendant, the right to collateral security was set up on August 24, 201, which is the maximum amount of 4.316 billion won, and in addition, a large number of collateral security was set up on the maximum amount of claims KRW 1.588 billion. A large number of collateral security was set up on September 8, 201, which was the first priority mortgagee, by requesting a voluntary auction on the above building and land, and the commencement of the voluntary auction on September 8, 2015 is decided by the creditor of the defendant E, who requested a compulsory auction.

9. 24. The situation in which compulsory auction was decided.

The Defendant, at the victim G’s office located in Mapo-gu Seoul Metropolitan Government F building 602 around September 25, 2015, at H, the representative director of the victim G Co., Ltd., “The value of the D building in Korea is approximately KRW 80 to 10 billion. The value of the D building held by the Defendant is KRW 6 billion by combining the financial institution’s obligations and other personal obligations. The said D’s monthly sales amount is KRW 120 million to KRW 30 million, and its profits amount to KRW 50 million.

If a loan of KRW 300 million is made to a person who has difficulty in distributing funds, it will be used for the defense of auction, and the above D will be operated and the monthly interest will be paid for the profit.

“.....”

However, in order for the defendant to prevent the progress of the above auction, the defendant must pay in full the interest of KRW 150,000,000 to the Incheon Agricultural Cooperative that applied for the auction, but the defendant did not use the money borrowed from the above H to pay the debt to the Agricultural Cooperative for the purpose of other purposes, such as paying the other debt, using the above D's operating expenses, or purchasing the I's building located in the original state, and the defendant should pay in every month to the above Incheon Agricultural Cooperative.

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