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(영문) 인천지방법원 2016.07.13 2016고단83
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is the representative director of the D Co., Ltd. (hereinafter “D”) who is the executor of the construction of the building of the building of the building of the building of the building of the building of

On September 18, 2012, the Defendant entered into a contract with the victim F Co., Ltd. and C New Construction Co., Ltd., the representative director of E, and changed the construction amount to KRW 8.1 billion on August 26, 2013. On February 14, 2014, the Defendant changed the construction amount to KRW 8.4 billion.

Meanwhile, in order to raise funds to implement C New Construction Project, the Defendant gathered a stock company in the name of D and obtained a general loan of KRW 3.7 billion from the Savings Bank (hereinafter “Deposit Bank”) around September 20, 2012 (the maturity date September 20, 2013). Around August 28, 2013, the Defendant received a 6.5 billion PF loan (the maturity date August 28, 2014), and repaid the said 3.7 billion won. Around August 26, 2014, the Defendant repaid the said 6.5 billion general loan of KRW 7.8 billion (the maturity date February 26, 2015).

In addition, D around August 28, 2013, around August 2013, entered into a new business agreement and a business contract with the victim company (the trial corporation), the real estate trust (the agent trust company, the trust company, the trust company), and the savings bank (financial institution), and entered into a new business agreement with C, and obtained approval for the use of C around December 12, 2014.

After that, D entered into a real estate security trust agreement with the new real estate trust on December 15, 2014 with respect to C, and designated a savings bank as the first priority beneficiary of the original trust deed and entered into a trust deed with respect to the savings bank as the first priority beneficiary of the original trust deed amounting to 10.14 billion won (7.8 billion won of the loan amount) and entered into a trust deed with the victim company as the second priority beneficiary of the original trust deed for the guarantee of the obligation for construction cost, and entered into a trust agreement with the new real estate trust deed as of December 17, 2014, and completed the registration of ownership preservation in the name of C around December 17, 2014 in accordance with the above real estate security trust agreement.

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