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(영문) 의정부지방법원 고양지원 2017.10.26 2016고단3135
사기
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged is the principal liquidator of the “medical corporation G” located in Pakistan-si D, E, and F.

Upon the request of H, a creditor of the above medical corporation G’s land and building, the Defendant’s auction procedure was initiated on August 24, 2015 and October 26, 2015 by the compulsory commencement decision. On or around December 2015, the Defendant: (a) on the part of the victim I, the Defendant’s auction procedure was conducted on August 24, 2015; and (b) on the other hand, around December 2015, the Defendant (“the foregoing two auctions” includes KRW 351,721,31 of the compulsory compulsory auction claim amounting to KRW 226,602,934 of the voluntary auction claim amount; and (c) on the part of the compulsory auction claim amount, both of the two auctions are withdrawn; and (d) the registration of

In addition, the Foundation is only the obligation to H.

On the other hand, when investing KRW 400,000,000, the amount of the claim for compulsory auction is deposited, and the remainder is false as follows: “The Medical Foundation will operate the Medical Foundation after paying the overdue electricity fee, etc. of the Medical Foundation and receiving a substitute refund loan and arranging the debt.”

However, in fact, since the amount of compulsory auction claim and the amount of compulsory auction claim are different from that of compulsory auction claim, so long as only the amount of compulsory auction claim is deposited, the registration of the establishment of the collateral security, which is the source of voluntary auction, could not be cancelled, and as long as the establishment of collateral security has been registered, it was impossible to repay the existing debts.

In addition, in addition to the Defendant’s obligation to H, the said Foundation additionally bears the Defendant’s obligation to J, including KRW 923,52,806, and KRW 93,709,610 to the National Health Management Corporation, and the additional construction cost, such as installation of large-scale elevators, was required more than KRW 100,000,000. Since the owner of certain land during the access road to the building and parking lot did not cause any damage to the consent for land use, the said Foundation was difficult to resume its operation immediately.

Nevertheless, the defendant deceivings the victim as above and caused the victim to do so by compulsory auction on January 18, 2016.

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