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(영문) 제주지방법원 2018.07.05 2017고합129
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

B Imprisonment with prison labor for five years and for two years, each of the defendants A.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

Defendant

B On October 29, 2015, a person who was sentenced to a suspended sentence of two years on June by the Daegu District Court for the crimes of the Narcotics Control Act (hereinafter referred to as the "Act") and was finally sentenced to a suspended sentence of two years on November 10, 2016.

[2017 Gohap 129]

1. Defendant B’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud, Fraud, and Breach of Trust) did not have any particular property and monthly income at the time of around 2009. From January 2002 to May 13, 2003, Defendant B obtained a loan of approximately KRW 160 million in total from C’s Treasury from around January 2002 to around May 13, 2003, and was in bad credit standing due to the failure to pay part of the principal amount, and was not able to obtain a loan from financial institutions due to the circumstances such as national taxes. Even if the loan was made, even if the loan was made, Defendant B did not have the intent or ability to pay the interest and pay the principal, and D, which was friendly from around 2006, became a member of the Victim FF Association (hereinafter “F Association”) with his business from around 2007 to work, had it purchased the loan through D and purchased the individual’s real property as non-real property, and entertainment.

Accordingly, Defendant B purchased real estate under the name of another person in the name of another person and used an appraisal appraisal statement, the appraised value of which is unafford, and obtained a security loan more than the purchase price, or obtained a credit loan under another person’s name and divided it.

I propose, and D accepted this.

Accordingly, Defendant B shall pay the fee, and receive the introduction of the name trustee or the nominal holder to the name of the loan via the adjacent residence, etc., and then, upon purchasing real estate, such as the forest and field, electric field, etc. within Jeju-do under the name of the trustee, Defendant B shall have the trustee file an application for the provisional loan against the victim FF association, and D shall send it to Defendant B.

After entering into a loan transaction agreement with the quasi-loan applicant, the appraisal evaluation statement that the appraised value as desired by the defendant B is unfolded as much as the loan amount desired by the defendant B.

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