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(영문) 수원지방법원 안산지원 2012.04.20 2011고단377
사기등
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

around November 207, 2007, Defendant A entered into an electrical construction subcontract with the victim H and the construction cost equivalent to KRW 100 million for the fourth-story commercial building newly constructed on the land outside Young-gun, Young-gun, Seoul-gun, and the victim started construction and completed electrical construction around March 2008, but Defendant A did not pay KRW 100 million for the above construction cost, which was set up a provisional attachment on the above building by the victim around September 26, 2008.

Defendant

A around October 11, 2008, at the victim's office in Ansan-si, 204, the victim made a false statement to the effect that "the victim can obtain a loan by resolving the transfer registration problem with the owner of the land in the building, and if the provisional attachment established in the building is cancelled, the above building will be provided as security to the bank and the construction cost will be paid."

However, on May 208, 2008, the above building was completed and there was a situation in which it is impossible to obtain a loan as security because the land ownership was not transferred to Defendant A as a result of a dispute over the purchase price of the above land, which is the owner of the above land, and the ownership of the land was not resolved until the provisional attachment is revoked for the victim. Therefore, the loan secured by the building was still not feasible, and there was no possibility that there was a debt equivalent to about 400 million won and there was no intention or ability to pay the construction price to the victim even if the victim cancels provisional attachment established by the above building

Nevertheless, on October 14, 2008, Defendant A deceiving the victim and had the victim cancel the provisional attachment of the above building, thereby acquiring property profits equivalent to 100 million won of the above provisional attachment.

Defendant A, on February 25, 2011, is a person who is currently pending in the trial after being prosecuted for a crime of fraud with the Suwon District Court's assistance on February 25, 2011.

Defendant

A. A.

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