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(영문) 부산지방법원 2013.08.27 2011고합850 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On January 30, 2009, the Defendant was sentenced to a suspended sentence of two years and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court, which became final and conclusive on February 7, 2009. On June 23, 2010, the Defendant was sentenced to a suspended sentence of two years for five months in imprisonment with prison labor at the Daegu District Court, which became final and conclusive on July 1, 2010.

【Criminal Facts】

C is the representative of the E Co., Ltd. in Busan Geum-gu, and F is the head of the above E Co., Ltd., and G (which is separated from pleadings on July 9, 2013) is the representative of the K Co., Ltd., which is located in Htel No. 102 409 Dong-gu, Busan, and is unsold in lots, and the defendant, J, and K are the specialized hub for the resale of unsold apartments, respectively.

C. The Daegu-gu L apartment, which was under construction in E Co., Ltd., was almost not sold due to the real estate market erosion, and the pressure of funds was reached, and the G et al. requested to sell unsold apartment units to G et al., which is an institution specialized in the resale of unsold apartment units. G et al., which consented to this request, did not have any specific property and did not intend or ability to actually purchase apartment units, and did not receive a loan from a financial institution, and paid a certain price for the loan to a name-holder who has no intent or ability to repay the loan even if the financial institution received a loan from the financial institution, and made a false sales contract with the above L apartment units to E et al., by receiving a loan from the financial institution under the name of the above "the owner of the housing unit" and providing C et al. with an intermediate payment for the above apartment units to G et al., in return for this, acquired the loan from the financial institution by means of paying three million won per household in the name of the recruitment fee.

1. A apartment complex in Daegu-gu L around February 18, 2008 between the defendant and C, F, G, J, and K in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and C, F, G, J, and K.

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