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(영문) 청주지방법원 2014.04.24 2013고합105

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is a member of the E- Religious Organization FI (hereinafter referred to as the "FI members' association"), who is in charge of the overall management of the operation, etc. of the FI members' association in Young-gu, Young-gu.

1. On August 3, 2009, the Defendant evaded compulsory execution: (a) prepared a written agreement with G Co., Ltd. (hereinafter “G”) to the effect that he/she has the right of retention for the FJ building in the process of a lawsuit by filing a claim for construction cost with the FJ in relation to the construction of the FJ building; (b) prepared a written agreement to the effect that G and the creditors concerned recognize the claim amount of the construction cost in the lawsuit by the FJC around August 11, 2009; and (c) required I to withdraw the said written confirmation and written agreement by the FJC to the said lawsuit.

On the other hand, G has been urged from July 2009 to pay the construction cost to FGG, exercising the lien on the FGG building through the above I from July 2009.

In addition, on October 15, 2008, J, a subcontractor, attached a provisional attachment of 60,000 won for the claim amount of the construction cost on the Fent Association building on the grounds of the Fent Association building on the grounds of the 60,000,000 won. K, a subcontractor, attached a provisional attachment of 29,00,000 won for the claim amount of the construction cost on July 29, 2009, and the defendant would receive a loan from a financial institution and pay the construction cost. The subcontractor, as the above subcontractor, cancelled the provisional attachment on December 23, 2009, respectively.

On the other hand, on September 10, 2009, the Defendant: (a) around September 10, 200, at a notary public office of Llaw Firm; and (b) on fact, the FIC did not bear the obligation of FIC to M in 235,000,000 won; (c) on the other hand, the Defendant prepared a notarial deed stating that FIC has a debt equivalent to the same amount to M; and (d) prepared a notarial deed of debt repayment (quasi-loan) with the obligee as the Defendant.

Accordingly, the defendant will pay the construction cost to G and the above subcontractor.