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(영문) 청주지방법원 제천지원 2019.01.24 2018고단283

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant entered into a contract with B Co., Ltd. to construct a tenement house in 2.6 billion won, and entered into a contract to change the contractor to D Co., Ltd. on July 28, 2015, and entered into a contract to change the contractor to E Co., Ltd. on November 15, 2015.

F lent KRW 50,00,000 for the construction cost of the said newly constructed construction to G who actually performed the said construction on or around the beginning of February 2015, and received a sales contract under subparagraph H of the said building from the Defendant for payment in kind, and thereafter lent money to the said G on several occasions thereafter. However, on August 22, 2016, even if the said apartment house was approved for use on August 22, 2016, the Defendant was unable to pay the said money because it was unable to pay the construction cost. On September 2, 2016, Cheongju District Court Decision 2016Kadan324, Cheongju District Court Decision 2016Da324, supra, registered the provisional attachment of KRW 1,082,834,300 for the claim against the Defendant as the creditor of the

On September 21, 2016, the Defendant drafted a “written confirmation of cash payment” to the same effect as “I of the above apartment house I, and F of F of F of F of F of the same purport, by obtaining a loan to the above building as security within 30 days if the above building was rescinded.”

However, in fact, although the Defendant had been liable for loans and construction cost in relation to the said new construction project, there was no particular property or income, and there was no intention or ability to pay the above KRW 60,500,000 even if the victim company had cancelled provisional seizure, since it was thought that the above building was loaned as security and other bonds were repaid.

On September 23, 2016, the Defendant had F F cancel the provisional attachment in the name of the victim company, and acquired financial profits equivalent to the increase in the security value of the above building in the market value.

Summary of Evidence

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