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(영문) 인천지방법원 2012.11.27 2012고합519
특정경제범죄가중처벌등에관한법률위반(배임)
Text

Defendant

Imprisonment with prison labor for A, for three years, for Defendant B, for two years, and for Defendant C.

Reasons

Punishment of the crime

Defendant

C is a person who assists in the sale and purchase of real estate; Defendant B is a person who assists in a loan; Defendant A is a kind of friendly friend, Chungcheongnam-gun, Chungcheongnam-gun, and a victim K Agricultural Cooperative (hereinafter referred to as “victim Agricultural Cooperative”).

[2012] [Defendant A, B, and C]

1. Defendant B L, M, and C, etc. recruited the term “bab” and entered into a false sales contract stating the purchase price in the name of “bab” in which the name of “bab” was to purchase the loan in the name of “bab,” and subsequently, made a false sales contract stating the purchase price at a higher amount than the actual purchase price. The Defendant, based on the above sales contract through the Defendant, acquired the remainder of the purchase price by borrowing the loan from the agricultural cooperative of the victim and acquired it through the Defendant,

L and M, etc. suggested that they would purchase the above loan from the owner of the Nam-gu Incheon Metropolitan City Nblet No. 303 square meters (area 28.03 square meters) from the early June 2010, and that they would purchase the above loan within several days, with the consent to the preparation of the "business contract" in the term "business contract" in which the purchase price is unfilled, and around June 17, 2010, with Q Q as the purchaser of the real estate sales contract stating the amount of KRW 98 million which is larger than the actual purchase price as the purchase price.

L around July 16, 2010, Q Q was to be a certified judicial scrivener office located in Nam-gu Incheon Metropolitan City R, prepared the documents for registration and loan application for the above loan in his name, and applied for registration of ownership transfer, and applied for registration of ownership transfer through Q Q as security of the above loan in the name of Q Q through Defendant, and acquired money by deceiving the person with the approval authority for the loan of the victim agricultural cooperative to pay KRW 53 million to Q Q account on the same day.

The Defendant received approximately KRW 3.5 million from L, and brokered the Defendant’s loans to the Victim Nonghyup under the aforementioned Q Q’s “business contract”.

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