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(영문) 청주지방법원 2021.02.04 2019고단2968
사기
Text

Defendant

A Imprisonment with prison labor for one year, and for one year, for Defendant B.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Facts] Defendant A is the representative director of C Co., Ltd. which carries on the business of creating the hanok complex. Defendant B was the auditor of the said corporation from around 2006 to around 2013, and is the spouse of the said C Co., Ltd. who is in charge of the construction work as a letter of acceptance and is the de facto joint representative director.

around May 2014, the Defendants constructed 20 traditional Korean-style houses under the name of Cheongju-si Civil Petitions D, Cheongju-si, with the delivery of pine trees from victims E.

On July 22, 2015, when the Defendants were in arrears and were urged to pay the debt to the victim, the Defendants had an aptitude of the process deed recognizing that the victim was liable for the debt amounting to KRW 490 million at that time. On January 20, 2016, the Defendants made a registration of the establishment of the right to collateral security at the maximum amount of KRW 50 million for the claim amounting to four parcels of land, including Cheongju-si, Cheongju-si, which is the said C Co., Ltd., the amount of the debt amounting to KRW 660.3 square meters. On March 10, 2019 (the same as around June 10, 2019) that the Defendants had to pay to the victim the principal amount that the Defendants had to pay to the victim was KRW 454 million.4 million.

[Criminal Facts of the crime] On March 2019, the Defendants: (a) sold Korean-style houses to the Cheongju-si, Cheongju-si, which was established as a collateral security; and (b) registered the transfer of ownership to the purchaser by selling Korean-style houses to the Cheongju-si, Cheongju-si, which was established as a collateral security; and (c) paid KRW 300 million upon the cancellation of registration

“ ..........”

However, even if the Defendants received the sale proceeds of hanok, they did not have the intent or ability to pay KRW 300 million to the victim.

Nevertheless, on June 10, 2019, the Defendants deceptioned the victim as above, and the victim had cancelled the registration of the establishment of the right to collateral security of KRW 500,000,000,000,000,000,000,000,000,000,000,000.

As a result, the defendants deception the victim by deceiving the victim, and the amount equivalent to the registered value of the right to collateral security is KRW 240 million.

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