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(영문) 제주지방법원 2016.08.23 2016고단679

사기

Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. Facts charged;

A. The Defendant was a person wishing to establish and operate a museum. The Defendant completed the registration of incorporation of C Co., Ltd. (hereinafter “Co., Ltd.”) with an investment of KRW 50 million in around February 16, 201 and then changed to “D” around October 29, 2012, and “E” around May 28, 2014, but all of the names were the same company were changed to the same company) and completed the registration of incorporation of P Co., Ltd. (hereinafter “instant real estate”). Around February 25, 2011, the Defendant was the owner of 3 70,000 cubic meters F. 855 cubic meters (hereinafter “instant real estate”).

From G, the company 1 purchased the instant real estate in KRW 1.5 billion with the purchaser, and tried to construct a museum building on the ground, but it did not pay only KRW 100 million with the purchase price, and it did not pay KRW 1.4 billion with the purchase price.

On February 28, 2011, the Defendant transferred 51% (in par value of 25.5 million won) of shares of Company 1 to G in order to secure the obligation to pay real estate purchase price to G, which is a creditor, to G, and G was appointed as a representative director on the same day, and the Defendant was appointed as a director.

B. Since then, on September 19, 201, G transferred its own shares to H, ASEAN, who is the representative director of the company 1, and H obtained the consent to use the land for which no balance is paid from G, who is the owner of the instant real estate, from around that time to November 2014, G newly constructed a building of a total size of 489.197 cubic meters on the above ground, total size of 3.5 square meters on the above ground, total height of 3.5 square meters, but failed to repay the debt owed to I, who is a building company, etc., about 340 million won, and the obligation to pay the purchase price for G.

(c)

On August 2012, the Defendant began a number of lawsuits against Company 1 by asserting that the amount to be received from Company 1 was KRW 68 million, and that the amount to be returned from the Jeju District Court in the course of the lawsuit against Company 1 was KRW 29,312,914, including interest, until August 13, 2013, the Defendant received a judgment to the effect that the amount to be returned from the Jeju District Court in the course of the lawsuit against Company 1 is the principal amount of KRW 29,312,914.