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(영문) 대구지방법원 포항지원 2015.02.12 2013고단1295
사기등
Text

As to the crime No. 1 and No. 2 of the decision of the defendant, the decision is made in 6 months of imprisonment with prison labor for the crime No. 3 of the decision.

Reasons

Punishment of the crime

On October 13, 2011, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution in the Daegu District Court Port Branch Branch of the Daegu District Court on October 13, 201, and the judgment became final and conclusive on October 21, 201, and on January 28, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on February 5, 2013.

The Defendant, “2013 Man-Ma1295,” is the son of F Co., Ltd. and H, the representative director of G Co., Ltd., the owner of the above ground-based factory building, who was in charge of the management of the above two companies.

The construction work of the above E-factory was in fact suspended due to the payment of the construction cost from October 2008 by subcontractors, such as exercising a lien. The above factory site was in the situation where a voluntary decision on commencement of auction was made on June 2, 2009 and the auction was in progress due to the overdue interest on loans secured thereon.

1. On or around January 11, 2011, the Defendant made a false statement to the victim D and the victim I that, at the notarial services office located in Seongbuk-dong, Seongbuk-gu, North Korea at the port of entry, the Defendant would withdraw an auction in the current progress. The victims shall be released from the right of retention, and the victims shall be reduced to 1.2 billion won, if the victims shall be reduced to 1.2 billion won, the 10 million won shall be paid, and the remainder shall be paid by the bank by February 11, 201, and if any portion of the loan was not received, a factory shall be sold and paid within three months.”

However, even if the victims waive their right of retention, the defendant did not have any intent or ability to pay the balance within three months after he/she obtained a loan until February 11, 201, or completed construction within three months.

The defendant received a letter of waiver of the right of retention from the accused, namely, from the accused, and let the victims occupy it after doing so.

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