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(영문) 광주지방법원 2013.12.19 2013고단2504

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is the representative of the Defendant Company C, and D is the actual operator of the Victim Company E (hereinafter referred to as “victim Company”).

On May 13, 2011, the Defendant awarded a contract to the victim company for construction of the Seo-gu FF Motor Vehicle Trading Complex and construction site crushing services, and the service cost shall be paid by the 13th day of each month.

On September 3, 2011, the Defendant failed to pay the victim company the service cost of more than 100 million won, and the victim company filed an application for provisional attachment of the claim with the Gwangju District Court amounting to 170,348,415 won, the debtor C, the third debtor as Hyundai Development Co., Ltd and the Hanjin Industry.

Accordingly, on September 9, 2011, the Gwangju District Court rendered a provisional attachment order on the claims such as KRW 110,348,415, and KRW 40,00,00,00, for aggregate sales proceeds for the Hanjin industry, and KRW 110,348,415.

When the Defendant experienced difficulties due to the provisional seizure by the victim company, the Defendant promised to receive money from the Hanjin Industrial Co., Ltd. in return for the provisional seizure of the above Hanjin Industrial Co., Ltd., and agreed to pay the victim company the provisional seizure of the Hanjin Industrial Co., Ltd. on September 20, 201, and then issued the bill of exchange received from Hanjin Industrial Co., Ltd. as the payment of service charges.

From the end of September 201, the Defendant received bills from the Hanjin industry as above and repaid the obligation to the victim company first, and thereby, D believed the Defendant. In fact, even if the victim company cancelled provisional seizure against Hyundai Development Co., Ltd., the Defendant’s provisional seizure against Hyundai Development Co., Ltd., which received money from the Hyundai Development Co., Ltd., and did not have the intent or ability to first repay the obligations of the victim company, the Defendant cancelled the provisional seizure against Hyundai Development Co., Ltd.