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(영문) 부산지방법원 2016.02.17 2015고정3578
사기
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 newly constructed a factory on the land as the owner of the land, such as Busan Northern-gu D and E, and entered into a contract with the representative G of the F company for the new construction work, and the Defendant and G subcontracted the part of the new construction work to the victim C on December 2, 2013.

Since then, the injured party did not pay 19,153,750 won for the construction work even after the completion of the civil construction work, the injured party issued a provisional attachment of the above land owned by the defendant on July 14, 2014 by Busan District Court Decision 2014KaKa4717.

On August 21, 2014, the Defendant paid KRW 3 million to the victim at a certified judicial scrivener office where it is impossible to know the trade name located in the Northern-dong in Busan-do, Busan-do, and at the time of the termination of provisional seizure, the Defendant provided that “The victim would obtain a factory loan as security and pay the remainder of the loan as if the provisional seizure is terminated, as the construction is completed.”

However, even if the defendant terminated the provisional attachment set up against the above land, the defendant did not intend to pay the remaining construction cost of KRW 16,153,750.

As above, the Defendant: (a) caused the victim to terminate the provisional seizure against the said land; and (b) did not pay the remainder of the construction cost of KRW 16,153,750; and (c) obtained pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, H and G;

1. A statement of transactions in I Corporation, a statement of decision of provisional seizure of real estate in 2014k, a written consent of direct payment of subcontract consideration, a standard contract for each construction work, a contract for prohibition of construction works, and a statement of payment made by a suspect A to G [the defendant and defense counsel shall obtain a loan from the defendant on the face of the cancellation of provisional seizure against the victim and pay approximately KRW 16 million for the remainder of the construction cost.

(1) The provisional attachment was terminated by making such a statement to the

Even if the defendant has already paid the construction cost to G who is the principal contractor, the victim is ordered.

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