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(영문) 전주지방법원 2012.10.25 2011고합144
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On April 2005, C, the summary of the facts charged, established D Co., Ltd. (the de facto shareholders of 50,000 shares were the complainants around April 2007, but at 15,000 shares of G, 5,000 shares of G, 5,000 shares of G, 5,000 shares each under title trust to H), and began the construction work in the name of the above company after purchasing approximately KRW 1.21,621 shares of total amount of 67 shares, including G, 14,621 shares, such as Gangwonyang-gun, Gangwonyang-gun, Gangwon-gun, and completing the registration of ownership transfer in the name of the above company, and until August 2006, in order to secure the fund for the construction of the penta complex, the construction work commenced at approximately KRW 360,00,00 of the above forest land, including J, and sold approximately 214,120,00 shares of land.

Afterwards, the complainant made up about KRW 2.1 billion of the construction cost up to September 2007 and completed pention 4 units on the ground of the above K and the above 3 lots, and continued to perform the construction work on the ground of the above L L and the above L and the 6 lots of new construction work, while the capital pressure was put up around KRW 80 million on July 2008, the construction was suspended.

Therefore, while the complainant was found to be a company that can receive a loan as security by granting a payment guarantee for the above forest land, the complainant was in contact with the defendant from M and N of the above office M and material division to raise funds by requesting a payment guarantee that can receive a loan for the above construction cost from around March 2009. The defendant suggested that he will complete the remaining construction after receiving a loan and offer a security therefor.

The Defendant, around April 2009, is able to borrow a loan of KRW 1.7 billion to KRW 2.3 billion, as the Defendant, at the P cafeteria located in Seo-gu Seoul Special Metropolitan CityO, to the complainant in the savings bank, etc.

In order to complete the corporation's debt with the loan and complete the corporation's construction with the remaining money, the company's stocks are transferred to B as security.

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