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(영문) 서울동부지방법원 2016.08.10 2016고단1379
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Fraud;

A. In a case where an appraisal company, such as the F appraisal corporation, etc. serving for 20 years as a director, is unaware of the actual transaction price of the land as requested by the financial institution, etc., the Defendant is a person who knows that the appraisal value should be calculated based on the precedents of appraisal of surrounding land, standard published land price, details of the report on actual transaction of the land in question and surrounding land in the past.

In collusion with G, the Defendant, in order to purchase the land at a price lower than the publicly announced price of the land at a price lower than the publicly announced price, and to obtain a loan more than the purchase price, the Defendant, in order to obtain a loan, filed a real estate sales contract with the competent authority pursuant to the Act on Report on Real Estate Transactions, and filed a report on the actual purchase price to the competent authority. Nevertheless, the Defendant, in collusion with G, by deceiving the lending institution by means of making false loan certificates available to the competent authority and making it impossible to identify the actual transaction price by obtaining the ownership of the substitute loan in the form of a lending contract.

The Defendant: (a) purchased a parcel of land at KRW 257,100 on July 1, 2015 and applied for a security loan of KRW 3330,000,000, more than the actual purchase price at the victim several cooperative E branch located at Seocho-si on July 2015, when the Defendant knew that the land owner was in a lower price than the actual purchase price due to the lack of the actual development and utilization value; (b) but, as the Defendant became aware of the fact that the expected appraised value according to the precedents, etc. of the public announcement of the land was higher than the actual purchase price; and (c) purchased the land at KRW 250,00,000, more than the actual purchase price.

However, in fact, the seller of the above land is the seller.

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