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(영문) 의정부지방법원 고양지원 2015.01.23 2014고합62
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

Defendant

B The applicant for compensation.

Reasons

Punishment of the crime

1. On June 12, 2012, the Defendants introduced the victims E to operate a concrete manufacturing business under the trade name of G Co., Ltd. (hereinafter “G”) in Chungcheongnam-si around June 12, 2012, the Defendants entered into an agreement with the victim E to purchase KRW 1.85 billion for reference only to “the instant I land”, “the instant I building”, and “the instant I real estate” when referring to land and buildings together, and “the instant I real estate” when referring to land and buildings”, and “the instant I real estate” shall be purchased at KRW 1.85 billion as a down payment, and KRW 1.0 billion out of the purchase price, the amount of KRW 1,000,000,000,000 shall be paid by December 31, 2012.

However, in fact, the Defendants did not have any particular property or income, and they could not receive a loan borrowed in the name of the Defendants as credit bad. ② G was only registered as business operators and did not have any assets or sales. ③ At the time, the Defendants did not conclude a contract to own or purchase the reinforced soil machinery installed in the instant I land, and did not have any intent or ability to sell it by producing reinforced block after installing it.

In August 9, 2012, the Defendants acquired loans from a financial institution can obtain loans from the financial institution when they moved reinforced machinery to the instant I land and produce reinforced block in the office of the Japanese Credit Union (hereinafter referred to as the “Korea Credit Union Office”) located in 146 in Chungcheongnam-si, Chungcheongnam-do.

If funds are required for the transfer of reinforcement machines to take place, and if the I real estate was loaned with a loan of KRW 160 million as security, all of the obligations of collateral security on the I land of this case shall be succeeded, and any balance shall be succeeded.

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