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(영문) 수원지방법원 성남지원 2019.02.20 2018고단2155
사기등
Text

The Defendants are not guilty.

Reasons

1. The summary of the facts charged is the representative director of C Co., Ltd. (hereinafter “C”), and the defendant B is the wife of the above A.

C In the Seoul High Court (2013Na75948) on January 14, 2015, the Seoul High Court (2013Na75948) rendered a judgment that “the victims shall jointly and severally pay C 120 million won and interest for delay” (hereinafter “the judgment of this case, and the claim against C’s victims recognized in the above judgment was finalized at that time, and Defendant B acquired the claim of this case from C on January 20, 2015, and received repayment of KRW 118,343,490 out of the claim of this case by December 29, 2016 through compulsory execution against real estate owned by the victims.

(1) As of December 29, 2016, the amount that was not paid out of the instant judgment claim is KRW 100,117,263. Meanwhile, the Defendants pretended to have a separate claim amounting to KRW 178 million against the victims even though C transferred all of the instant judgment claim to Defendant B and did not have any claim against the victims. Defendant B acquired the instant claim from Defendant C on June 3, 2016 (hereinafter “the instant transfer claim”). Defendant B acquired the instant transfer claim from Seoul Central District Court 2016Kadan956 with respect to the instant transfer claim as the preserved right, and filed a provisional attachment order on July 1, 2016, the Seongbuk-gu Division of the Seoul Metropolitan Government F Condominium Group (hereinafter “instant Section”).

At this time, the Defendants had already been submitted in a civil trial on the instant claim for judgment in order to conclude that the instant claim for transfer money exists separately.

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