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(영문) 광주지방법원 장흥지원 2012.08.23 2012고단76

사기미수

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 8, 2004, the Defendant established C Co., Ltd. (hereinafter “C”) primarily responsible for real estate development projects, taken office as the representative director, and promoted “general amusement facility development project” on the ground, such as Chungcheongnam-si, Chungcheongnam-do.

On August 28, 2008, the Defendant, under his/her own name and his/her family members, borrowed a loan of at least one billion won in the amount of KRW 500 million to the bonds, and carried out the said resort development project. However, as the continuation of operation of C, it is anticipated that the creditors would be forced to enforce compulsory execution on the real estate owned by C, the Defendant and his/her family members would be in crisis, and the creditors would be forced to execute compulsory execution on the above land. On August 27, 2008, the Defendant and his/her family members prepared a loan and bonds to collect the money invested in the above company, set up a collateral security right of KRW 1.5 billion on the basis of the secured debt void in the future, which is a middle school created by the Defendant’s husband E, the Defendant’s husband’s husband’s middle school, set up a collateral security right of KRW 1.5 billion on August 28, 2008, by establishing the maximum debt amount based on the claim invalidation in the future, the Defendant’s relatives’s relative, and the above land, thereby preparing for priority dividends in the court.

On December 21, 2009, H, a creditor of Suwon District Court Sung-nam Branch 2009Kahap11248, based on the executory exemplification of the judgment in the above case, had been forced to commence compulsory auction as creditor of the above company on the real estate of the above company on December 21, 2009, and the defendant, upon reporting the claim based on the right of collateral security in the above F and G name, received dividends from F and G court, he had the intent to preserve the amount invested in the above case C by means of recovering the dividends.

1. The Defendant, at will, around March 23, 2010, at the Bocheon-do Office of Bocheon-si, Chungcheongnam-do.