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(영문) 제주지방법원 2015.04.17 2015고정139
사기미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, along with wife C, owns 40% of the E’s share in Western City D and operates E, and the victim F and G are married couple who hold 60% of the said E’s share.

Defendant

A around August 10, 2005, after receiving a loan of 1.5 billion won from the National Federation of Fisheries Cooperatives, the National Federation of Fisheries Cooperatives set up a collateral of 2 billion won with a maximum debt amount for E land located in Seopo-si H, Seopo-si.

Defendant

A, around November 10, 2008, entered into a contract with the victim G and the above E E 60% to sell 2.1 billion won, and received 1.6 billion won in cash, and the remaining 500 million won in subrogation of the victim. The victim prepared a loan certificate of KRW 1 billion with the victim as a collateral for the remaining loan of KRW 1 billion. At the same time, at the same time, the victim created the right to collateral security of KRW 1.3 billion with the amount of the claim against the above E real estate.

After that, on March 30, 2010, when the defendant was unable to repay one billion won of the above Suhyup loan, the defendant prepared a letter of debt acquisition agreement with the victim G as the person bearing the obligation at the headquarters of the Suhyup District District on March 30, 2010, and the victim took over the remaining loan obligations. On April 28, 2014, the victim repaid one billion won.

Nevertheless, the Defendant and C alleged to the effect that, separate from the amount of one billion won loans of the victims, they prepared a loan certificate and did not grant the loan even though they had already completed the registration of the establishment of the neighboring establishment of the amount of KRW 1.3 billion.3 billion. The Defendant and C alleged to the effect that, around December 6, 2013, the Jeju District Court located in the transfer of Jeju Island as of December 6, 2013, the Defendant and C as the Plaintiff, and the victim G as the Defendant.

1. It is confirmed that there is no debt of KRW 1,000,000 under the loan agreement for consumption made on November 10, 2008 against the defendant by the plaintiff A.

2. The defendant shall provide the plaintiff C with each real estate listed in the separate sheet No. 1.

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