특정경제범죄가중처벌등에관한법률위반(사기)
A defendant shall be punished by imprisonment for two years.
Punishment of the crime
The Defendant intended to receive money from Pyeongtaek-si building 301, 302, and 305 (hereinafter “the instant building”) owned by D as collateral for financial rights, but did not appear due to provisional attachment established on the instant building, and had the intent to deceiving the victim F (51 years old), who was taken over the claim for provisional attachment from the Swes Co., Ltd., the provisional attachment owner, by deceiving the victim F (the 51 years old), who was taken over the claim for provisional attachment from the Swes, the provisional attachment owner.
From the middle half of July 2011 to the beginning of August 2011, the Defendant paid KRW 800 million in cash to G, who is the husband of the victim of the instant building, in the middle and the second half of the first half of the year in Gangdong-gu Seoul, Seoul. At the same time, the Defendant ordered the provisional attachment of the instant building to be paid KRW 1.8 billion in cash to G, who is the husband of the instant building. At the same time, the Defendant was ordered to receive advance payment of KRW 1.8 billion by taking out civil engineering works for golf clubss equivalent to KRW 15 billion, and the obligation to implement the construction contract was suspended as collateral for the instant building. However, for this purpose, the provisional attachment should be revoked immediately after the provisional attachment is revoked. The Defendant paid KRW 150 million in advance under the construction contract for golf courses, and paid KRW 1.85 million in advance within the remainder of KRW 65 million.”
However, the Defendant did not have been able to receive 1.8 billion won as advance payment, or to cease to perform the construction contract. At the time, the Defendant intended to provide the instant building as collateral and to obtain loans from the financial rights in order to repay other obligations of the Defendant at the time, and thus, the Defendant did not have any intent or ability to pay 800 million won even if the said provisional seizure was revoked.
As above, the Defendant deceivings the victim through G, which is the husband of the victim, and caused the victim to do so on October 24, 201, with the claim amounting to KRW 1,035,000,000,000 and the creditor character corporation provisional attachment.