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(영문) 수원지방법원 2018.11.08 2017고단8411
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] On June 13, 2014, the Defendant was sentenced to two years of suspension of execution on August 29, 2014 by interfering with auction by the Suwon Friwon, etc., and the judgment became final and conclusive on November 29, 2014. On May 14, 2015, the Defendant was sentenced to two years of suspension of execution on August 21, 2016.

[Presumption Facts] On April 20, 2002, the Defendant: (a) constructed apartment 49 households (hereinafter “the apartment of this case”); (b) registered the preservation of ownership on the apartment of this case on August 18, 2003; and (c) from April 2004, the Defendant asserted the right to retention on the apartment of this case as the representative of the Claim Council consisting of the creditors of the construction cost and the creditors of the return of the sale proceeds to C (hereinafter “Claims Council”); and (d) registered the preservation of ownership on the apartment of this case as the representative of the Claim Council consisting of the creditors of the claim against C and the creditors of the refund of the sale proceeds.

On September 30, 2004, the apartment house of this case was transferred to F under the name of F, a creditor against C on September 30, 2004, and the Defendant filed a lawsuit claiming payment of construction cost, etc. against C and F as the representative status of Suwon District Court was 6617 and the Defendant transferred the ownership of the apartment of this case to the Defendant, G, or any person designated by C, with the entire share of C.

“The conciliation of the terms “ was established.”

According to the above conciliation, the Defendant received funds from H Co., Ltd. (hereinafter “H”) and paid to F, and completed the registration of transfer of ownership in the name of H on August 8, 2008 on the apartment of this case as a security for investment money, and thereby, the right of retention for the claim for construction price, etc. was extinguished due to the extinguishment of the claim for the construction price of the creditors’ conference.

After that, on February 5, 2009, a decision was made to commence a voluntary auction of the apartment of this case with a voluntary auction application by a floating creditor on the apartment of this case.

[Criminal facts] The Defendant is not guilty of March 18, 201.

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