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(영문) 전주지방법원 2017.07.20 2016고합186
사기
Text

The defendant shall be innocent.

Reasons

1. On September 19, 2014, the summary of the facts charged: G transferred its right to implement a new construction of the instant multi-household housing located in H (hereinafter “multi-household housing”) to G, an operator of F Co., Ltd. (hereinafter “instant company”) around September 19, 201, and then received the said proceeds from the said multi-household housing as four households, including 101, 201, 301, 302, and 201, 201, 302 of the instant multi-household housing; however, G did not obtain the registration of transfer of ownership with respect to the said 4 households under the name of the instant company on March 13, 2015, including the preservation of ownership, and as a result of the decision on provisional seizure of real estate No. 2015, Nov. 14, 2015, the Jeonju District Court stated “the indictment on April 13, 2015.”

Of the foregoing multi-household 24 households, 11 households (No. 1, 204, 301, 302, 303, 304, 2, 101, 201, 203, 301, 203, 301, 302), among the above multi-household 24 households, have registered provisional seizure at KRW 910,40,000.

After lending approximately KRW 1.4 billion to the above G in relation to the above construction project, as the principal amount was not paid to approximately KRW 600 million and interest thereon, the Defendant: (a) on March 17, 2015, the above provisional registration was cancelled on or around April 9, 2015 at the request of the above G; (b) on April 13, 2015, the above multi-household house 21 was received and registered in the order of priority over the above provisional attachment registration of the damaged party, and it was difficult for the above 11 generation to exercise the substantial right; and (c) around that time, G to obtain a provisional attachment registration of KRW 50 million from G to secure this.

The defendant around August 5, 2015, at the K Certified Judicial Scriveners Office in Seo-gu, Seojin-gu, Seoul, and through G, "the above multi-household house is to 11 household" to the victim through telephone.

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