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(영문) 수원지방법원 여주지원 2015.12.21 2014고단764
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative of the Co., Ltd.

C Around September 21, 2009, around September 21, 2009, the company purchased from the victim D (representative E) the apartment (G apartment (five Dong-dong 250 households, one commercial building, and one development project area) on the land of three and more parcels, the company completed the above apartment on November 30, 2012 after purchasing the apartment (five Dong-dong 250 households, one commercial building, and three billion won.

With respect to the payment of the purchase price of KRW 3 billion, the Defendant: (a) agreed to accept the obligation owed to the creditors of the victim company under a contract; and (b) made payment to the creditors of the victim company more than the originally anticipated amount due to the interest accrued from the delay in repayment in the process; (c) decided not to pay the balance that the victim company would pay directly to the side of the victim company under the contract; (d) as a result of the dispute arising therefrom, the victim company filed an application with the Daejeon District Court for a provisional injunction on disposal of the said apartment on the ground that it was paid only a part of the purchase price on December 13, 2012, and (e) filed for a provisional injunction on disposal of the said apartment as of January 4, 2013.

On January 22, 2013, the Defendant considered that there was no obligation to pay to the victim company more than KRW 120 million since the business progress has been significantly difficult due to the provisional disposition of the victim company at the time, such as not lending due to the above provisional disposition of the victim company, etc. Therefore, the Defendant did not intend to pay the victim KRW 120 million to the victim company. Despite the fact that all of the above apartment houses were sold at the time when the limit of the company funds at the time did not have the ability to pay KRW 120 million to the victim company, it is necessary to receive the provisional disposition cancellation for the progress of the business, so it is necessary to receive the provisional disposition cancellation, so the Defendant, the agent of the victim company, “I would pay KRW 120 million to the victim company by cancelling the provisional disposition.”

As above, the defendant deceivings the J and is under his jurisdiction.

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