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(영문) 부산지방법원 2013.06.21 2012고합1268
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants shall be punished by imprisonment for three years.

However, from the date of the final judgment of this case, each of the above four years against the Defendants.

Reasons

Punishment of the crime

[criminal power] On February 22, 2012, Defendant B was sentenced to two years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court and three years of suspended execution, and the judgment was finalized on March 1, 2012.

【Criminal Facts】

1. Defendants A is the director of H Co., Ltd. (hereinafter “H”); Defendant B is the director of I Co., Ltd. (hereinafter “I”) who is a financial consulting company.

H around December 209, the J-Housing Reconstruction Improvement Project Association (hereinafter referred to as the "Association") entered into a L apartment reconstruction construction contract with J-gun-gu, Busan and two parcels on the ground and continued construction.

However, H did not receive the payment of the construction cost from the partnership in the course of the construction process, and was in a crisis of bankruptcy due to the failure to sell it as expected, the Defendants recruited the nominal holders to lend the said apartment complex under the name of the nominal holders, and conspired to receive the loan of intermediate payment by deceiving the victims by deceiving the victims of the above sales contract (hereinafter “Korean bank”) even though there was no actual fact that L apartment, which is the reconstruction of the said apartment, was sold in the name of the president of the partnership around February 201, 201, including N, which is the head of the association, the hub for soliciting the nominal holders of the sale, and even if there was no actual fact that the said apartment house was sold in lots.

On March 24, 2011, at H office of Bupyeong-gu Incheon Metropolitan Government, the Defendants prepared a sales contract as if the P had been normally sold L apartment 207, which is the name holder, at the H office of Bupyeong-gu, Incheon. The Defendants submitted to the employees in charge of loans from the high-speed branch of the victim bank located in Seocheon-si, Seocheon-si, the Defendant received KRW 128,417,00 from the bank account in the name of the Association as the part payment loan for apartment buildings by filing an application for part payments in the name of P and allowing them to perform the loan business.

Defendants, as well as this, from August 201.

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