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(영문) 전주지방법원 2014.10.02 2014고합69
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment of one year and six months, Defendant B’s imprisonment of two years and six months, Defendant C’s imprisonment of two years and Defendant D.

Reasons

Punishment of the crime

1. Joint criminal conduct by Defendant A and Defendant B

A. On November 2012, Defendant A decided to purchase a total of 31 households, including 13 households and 18 households, in the name of 13 households and 18 households in the name of head Q, each of which was unsold in lots at the end of November, 2012. Defendant B decided to purchase a total of 33 households, including 24 households in the name of 9 households and 106,000,000 won in one’s name, around November 2012.

The Defendants already concluded a lease agreement and agreed to receive a loan from the second financial right to purchase and appropriate it for the purchase price.

However, the actual rental deposit of apartment purchased by the Defendants was equivalent to KRW 80,000 from 50,000 per each household to KRW 80,000,000, and in the case of a security loan at the ordinary bank, the loan was made within the limit of the remainder of the rental deposit from the amount corresponding to 80% of the KSB tax at the time of apartment (KB) to the remainder of the rental deposit. Therefore, in a situation where a loan is filed based on the actual rental deposit, there is no sufficient loan to pay the purchase price, and thus, the above apartment house was forged by a method of stating the rental deposit and monthly rent at a lower price than the actual rental price and offered to the bank for a loan exceeding the amount actually available.

B. From the end of November 2012, Defendant A and B forged Private Document: (a) copied the copy of the lease agreement of a household scheduled to purchase that Defendant A received from the EL Si, a sales agent of LA, a P apartment, the ownership of the P apartment; (b) removed the column for the “rental deposit” of the reproduced lease agreement from the revised tape; (c) entered the column for the “rental deposit” in the revised lease agreement in lower setting the amount of the rental deposit, etc.; and (d) conspired to reproduce it again.

Only the evidence submitted by the prosecutor is that Defendant B is the defendant A.

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