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(영문) 의정부지방법원 고양지원 2021.02.08 2019고단2500
사기
Text

The Defendants are not guilty.

Reasons

1. Defendant A is the representative director of H (only hereinafter referred to as “H”) who is the main owner of the construction of the freezing warehouse, which is conducted in Haju City F and G, etc., and Defendant B, C and D are directors of H. Defendant E is the person entrusted by H with the authority to carry out the above construction work, and Defendant E is the victim I Construction Co., Ltd. (hereinafter referred to as “I Construction”) is a construction company that subcontracted the said freezing warehouse construction work from H.

During the process of performing the construction of a new warehouse, the Defendants: (a) obtained a loan of an amount equivalent to KRW 6.5 billion from the Small and Medium Enterprise Corporation; (b) selected as a contractor for the construction of the I; and (c) concluded that the said construction contract was terminated on December 31, 2015 with the I Construction Division; and (c) the I Construction was suspended by reason of the termination of the said construction contract; and (d) on January 21, 2016, the I Construction was jointly guaranteed by H on January 21, 2016, by means of a provisional seizure of KRW 1.288 million with respect to F and G land, which is part of the said warehouse site, for the reason of a claim for a loan of KRW 1.28 billion,000,000,000,000 from the Small and Medium Enterprise Corporation; and (c) subsequently, the Defendants conspired to cancel the said provisional seizure by deceiving the victims, even though there was no intent or ability to continue the construction by paying

On May 23, 2016, the Defendants, at the K Office of Defendant B’s operation, located in the Hanam-si of the Hannam-si, would have the representative director L of the I Construction collect 100 million won by the shareholders of the State in case of cancellation of provisional seizure of land and pay 600 million won to the shareholders and continue the construction again.

On May 26, 2016, Defendant E makes a false representation as “,” and Defendant E continues to proceed with the process of changing the Si construction from M to I construction to the said L by telephone to the said L.

The phrase “A” is false, and Defendant A prepares a modified contract for work, resumption agreement for construction, and provisional seizure grace agreement with the above L L on June 1, 2016, and Defendant A prepares a revised contract for work and facilitate progress of construction work on June 2, 2016.

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