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(영문) 대구지방법원 포항지원 2014.11.20 2013고단1254

사기

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On September 1, 2009, the Defendant received orders from the Victim C Co., Ltd. (former Co., Ltd. D; hereinafter referred to as “C”), regardless of whether it was before or after the change of trade name, and had not received part of the construction cost.

The Defendant filed an application for provisional seizure of subscription certificates with the amount of KRW 13 million for the reason that there was the construction cost not paid by C in support of the Daegu District Court Branch Office located in Gyeyang-dong, Chungcheongnam-gu (Seoul District Court Branch Office 2010Kadan924), and around May 12, 2010, the provisional seizure was decided by the said court.

After that, the execution of the provisional seizure was revoked on May 24, 2010 after the victim deposited the amount of the claim as the deposit money for release from the sea.

On the other hand, around June 2010, the Defendant filed an application with the above court for a payment order of KRW 13 million for the police guard team and the waterproof Construction Work (the above court 2010 tea1495), whether the Defendant was discharged as a lawsuit due to the victim C’s objection (the above court 2010 Ghana2080), and on October 6, 2010, the Defendant was sentenced to a judgment accepting the Defendant’s claim entirely from the above court, and the above judgment became final and conclusive around that time.

Based on the above final judgment, the Defendant received from the above court on October 28, 2010 the seizure and collection order of the claim to transfer the provisional seizure from the above court to the original seizure (the above court received KRW 13 million and interest KRW 1,780,000 on November 3, 2010).

Nevertheless, on October 9, 2012, based on the original copy of the above judgment, the Defendant is holding an executory exemplification of the judgment regarding construction cost case 2010 Ghana22080, and on October 30, 2012, applied for a seizure and collection order to the Suwon District Court (U.S. District Court 2012TBT 21883) and received a seizure and collection order from the above court on October 11, 2012, and applied for an assignment order to the above court on October 26, 2012 (the above court 2012TT 23424).