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(영문) 서울중앙지방법원 2015.01.14 2014고단6407
사기
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A has served as the representative director of (ju)D established for the purpose of the advertisement production agency service, etc., and Defendant B has served as the former director of the said company.

The victim E completed the construction work by being subcontracted for the production and installation of the F apartment and the Gangseo-gu Seoul Metropolitan Government Model Housing Corporation from the above company in Namyang-si, but did not receive the construction cost of KRW 144 million on September 13, 2012. On September 13, 2012, on the ground of the claim for the construction cost, the claim of KRW 40 million, the claim of KRW 40 million, the claim of KRW 40 million, the claim of KRW 64 million, which was held by the said company in the GM partnership, and the claim of KRW 64 million, the claim of KRW 64 million, which was held in the GM partnership.

In fact, around September 2012, the above company and the Defendants did not have any special property, but did not bear approximately KRW 402,035,454, including the Defendant’s obligation to the victim, and the Defendants were unable to pay the amount of KRW 2,096,948, which was paid to the employees H et al. on May 28, 2011 due to the aggravation of management, due to the deterioration of management, the Defendants did not have any intent or ability to pay the above construction cost, even if the victim cancelled the provisional attachment in view of the management status, financial status, or the economic condition of the above company, and even if the victim was ordered to do so, the Defendants did not have any ability to pay the construction cost to the victim due to any other company’s operating expenses or construction cost, etc. on the part of the contractor.

Nevertheless, on September 17, 2012, Defendant A cannot carry out an open construction project for the victim by telephone (E president) in advance because it puts a provisional attachment on modern construction and large-scale construction.

A notarial deed is to pay 140 million won on the face of the State by releasing the provisional seizure of this case.

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