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(영문) 서울남부지방법원 2014.10.29 2014고정198

사기미수

Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is that Defendant B is a manager at the H factory construction site in Yeonsu-gu Incheon, Yeonsu-gu, Inc., Ltd., the victim E (the “F”) operated by the victim E, and Defendant B is an employee of the F, who is in a relationship between Defendant B and the wife.

F Around May 208, 2008, F was awarded a contract for the construction of the said I-factory building from J (U.S.A., a corporation, K, and I, a corporation (hereinafter “J”) (hereinafter “instant construction”) at KRW 6,347,00,000 for the cost.

The injured party decided to transfer F to L but failed to pay the balance of L, and the part of L transfer proceeds should be refunded due to financial standing of the injured party, and L sought to seize L’s claim for the construction cost of the instant construction site in consultation with the injured party on August 1, 2009, and the Defendants prepared a false claim transfer and takeover contract with the effect that “F will transfer the claim for the total amount of the construction cost to J to A, a transferee,” on the second floor of Yangcheon-gu Seoul, Yangcheon-gu, Seoul, as the injured party agreed with the injured party, and on May 1, 2010, “F will transfer the claim for the construction cost of J to A, a transferee, a claim for KRW 355,450,060,” at the same place on the same date, “B will transfer the claim for the construction cost of J to A, a transferee,” and then sent a written notice of transfer transfer by mail to J on May 31, 2010.

During that period, the Defendants were released from the victim as of October 21, 2010 on the ground that the Defendants received part of the construction cost from the personal account under the name of Defendant A, N, andO, and was in breach of trust.

As of October 21, 2010, the Defendants received the payment order with the intent to demand the payment of the construction cost from the construction business operator who was led by Defendant B and subcontracted.