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(영문) 인천지방법원 2016.09.22 2016고단3320
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A was sentenced to four years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Incheon District Court on November 27, 2013, and the judgment was finalized on June 12, 2014. Defendant B was sentenced to one year of imprisonment for a crime of evading compulsory execution at the Incheon District Court on November 27, 2013 and the judgment was finalized on April 5, 2014.

1. The F is a person who, from September 1, 2007, was constructing the I commercial building in the name of Gyeyang-gu Incheon Metropolitan City and H (hereinafter “instant commercial building”) from around September 3, 2007, borrowed the site of the instant commercial building as collateral, but is likely to be subject to compulsory execution against the creditors of H due to the refusal to extend the maturity on October 201, 2010 from the Han Bank, which was the first bank, and was in collusion with the Defendants to the owner of the instant commercial building on December 1, 2010, but actually led the sale of the instant commercial building, etc. even after it was changed to the owner of the building to the UND Co., Ltd., and the Defendants were in charge of the sale of the instant commercial building under the direction of F.

On April 9, 2012, upon the application for provisional attachment by Hyundai Switzerland 2 Savings Bank, a person who borrowed the land purchase fund of the instant commercial building, a registration for the preservation of the entire commercial building in the name of the construction owner Dao Co., Ltd. on April 24, 2012 was made. On April 24, 2012, the registration for the transfer of the ownership was made on the ground of trust in the future of the International Trust Co.

7. 4. The Defendants did not have the intent or ability to register the transfer of ownership even if part of the commercial building in this case was sold to another person as they were unable to settle their existing debts despite the fact that the disposal gold price was registered upon application by the Han Bank.

On January 23, 2013, the Defendants conspired with F and sold three stores, such as 121, 122, and 123, to the victim K, but only down payment.

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