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(영문) 대구지방법원 2012.12.18 2011고단6338
사기등
Text

1. As to the crimes set forth in subparagraphs 1 through 3 of the judgment of Defendant A and the crimes set forth in Article 4 of the judgment of Defendant A, one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On December 9, 2010, Defendant A was sentenced to a suspended sentence of five years in imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu High Court on December 9, 201, and the said judgment was finalized on December 17, 2010.

【Criminal Facts】

1. Around January 24, 2007, the Defendant purchased a co-ownership share of the six-story building (E hotel) on the ground outside Daegu-dong-gu, Daegu-gu, and changed the use of the said share from F Co., Ltd. to the hospital and carried out the removal construction to lease the said share.

However, since around 1997, the Defendant was a bad credit holder and operated (State) He borrowed the name of G, and the remaining lot number of the above lot number is not the lot number owned by the Defendant, but the Defendant did not have a legitimate title to use the above site. In particular, around April 2007, the J owner requested the Defendant to remove the above building belonging to his own land and filed a lawsuit against the Defendant.

In addition, on or around January 24, 2007, at the time of purchasing the above E hotel building from F Co., Ltd., the defendant had established a collective security right of total amount of KRW 11,435,634,749, total debt amounting to KRW 11,435,634,749, and even if there were no particular bonds or property owned by the defendant, the above F Co., Ltd., with the claim equivalent to KRW 700,000,000,000 to K, on April 24, 2007, on the ground that "When cancelling the collective security right established on the building of this case, it is intended to adjust the existing debt through the loan and to create a secondary collective security right under the name of F Co., Ltd., Ltd., and at the time of the cancellation, the defendant had established a collective security right of KRW 394,634,749,000,000 against the creditors of Nonghyup and others.

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