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(영문) 부산지방법원 2016.02.12 2015고단2025
사기미수등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Basic Facts】 On January 3, 2009, the Defendant, who was in office as the representative director of F Co., Ltd. in Busan Shipping Daegu E, implemented “the Construction Work for the Construction of the G GG Complex in Gyeongnam-gun, G, and during that process, H husband I (Death on December 9, 2013) worked as the head of the on-site management team.

Around that time, the Defendant: (a) caused the lack of funds for the construction of the foregoing electric power resource; (b) caused the network I to pay the construction cost on behalf of the Plaintiff; (c) on April 30, 2009, the Defendant drafted a summary statement to the DoI to the effect that it would pay the construction cost of KRW 141,173,700 for the said reason; (d) on January 13, 2011, the Defendant paid KRW 60,000,000 and around June 15, 2012, transferred the obligation for the said construction cost to the GI account in the name of the GI, respectively.

On the other hand, around January 12, 2009, the Defendant borrowed 130,000,000 won interest rate of 80,000,000 won per month on March 20, 2010, and prepared a loan certificate on the same day. However, the Defendant failed to repay the above amount by the due date. However, around January 31, 201, the Defendant created a collateral security right on the forest and field located in the JJ in the Gyeongnam-do, Kim Jong-do.

On July 22, 2013, the Defendant: (a) filed a provisional attachment on the forest located in Busan District Court on August 20, 2013; (b) on the ground that the Defendant was liable for the Defendant’s debt worth KRW 130,000,000,000, the Defendant dismissed the said provisional attachment application on the ground that the Defendant was liable for the Defendant’s debt worth KRW 130,000,000 on November 4, 2013, but the appeal was dismissed on November 6, 2014.

【Criminal facts】 The Defendant was in custody of the Defendant with the knowledge of the death of the deceased on March 9, 2013 by the deceased on December 9, 2013, for the purpose of evading the liability of KRW 130,000,000 to the deceased on December 9, 2013

The signature of the network I stated in the letter of January 5, 201.

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