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(영문) 수원지방법원 안산지원 2019.08.22 2018고단4709
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is the representative director of the C Apartment Co., Ltd., which is newly constructed in a single source, such as Seosan-si B.

Around October 2010, the Defendant made a false statement that “The construction work will be changed because there is no legal problem even though five years have elapsed since the C Apartment Corporation was interrupted, and all of them win the construction work in the law,” and “If the Defendant lends money to the other party in connection with the implementation work, then he will then make a preferential repayment from the sales price in the future.”

However, on April 2009, the defendant transferred the right to operate the above apartment project and the ownership of the land and building to the Dispute Settlement Bank, but did not pay the transfer price to the Dispute Settlement Bank on the ground that the debt was not confirmed at the time of transfer, the defendant filed a lawsuit against the Dispute Settlement Bank to register the ownership transfer of the above apartment project site against the Dispute Settlement Bank and continued the appellate trial, so it was unclear whether the Dispute Settlement Bank D holds the project site and the business right. On July 5, 20109, H&A corporation, which was a new apartment construction corporation, filed a lawsuit to claim the payment of construction cost equivalent to approximately KRW 3.6 billion against the Dispute Settlement Bank, and continued the first instance trial. Since there was no legal dispute between interested parties related to the above New apartment construction project, such as filing an application for the prohibition of entry to the above apartment construction site and filing a claim for provisional disposition, it was impossible to have the victim pay the above construction cost to the victim or have the victim make a promise or promise to repay the construction work normally even if it borrowed money in the name.

Nevertheless, the defendant deceivings the victim as above and receives five million won from the victim to the corporate bank account (J) in the name of the defendant in the first bank account, which the defendant used, around October 1, 2010.

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