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(영문) 춘천지방법원 원주지원 2013.09.10 2013고단169
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for five months;

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

2...

Reasons

Punishment of the crime

From around 2005, the Defendant was in charge of steel-frame construction among the new construction works on the land D, E, and F in Gangwon-gun, and the victim C was in charge of the unfit part of the above building construction, and the victim G was in charge of the new part.

However, the Defendant and the victims exercised a lien on the above building because they did not receive the construction cost from H. However, the Defendant exercised a lien on the above building. The Defendant claims for the construction cost of approximately KRW 88.6 million for the above E-ground buildings, KRW 9.1.2 million for the above F-ground buildings, KRW 96 million for the victim C, KRW 16.6 million for the above F-ground buildings, and KRW 165 million for the victim G reported the claim for the construction cost of KRW 165 million for the above F-ground buildings, and KRW 1 was awarded a successful bid for the above E-and F-ground buildings while exercising the lien, and the Defendant agreed on the waiver of a lien between the victims and the successful bidder of the building.

Since then, on April 28, 2008, the Defendant stated that “The successful bidder of the auction shall be a tin-to-beer of the spring-dong origin.” Only 15% of the amount of the credit reported by the successful bidder shall be paid to the victims in the J-cafeteria near the Incheon Coast Guard. All three persons in Korea may receive KRW 65 million in total.”

However, on March 2008, the Defendant received KRW 50 million in return for the waiver of the right of retention from I and K awarded the above building at the time, and agreed to receive KRW 150 million among them as Defendant’s share, and received KRW 70 million on March 31, 2008, and agreed to receive KRW 80 million in the case of receiving each written waiver of the right of retention from the victims.

On April 28, 2008, the Defendant received each letter of waiver of the right of retention from the victims, and let I who won the said building exercise the ownership of the said building without the burden of the right of retention, and then I waive the right of retention from the victims.

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