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(영문) 인천지방법원 부천지원 2019.07.03 2018고단3441
사기
Text

The defendant shall be innocent.

Reasons

Punishment of the crime

1. On August 19, 2013, the summary of the facts charged, the Defendant concluded a sales contract with the victim D to sell the building F of the building E (hereinafter “instant real estate”) in KRW 240 million owned by the Defendant (hereinafter “instant sales contract”), and the victim’s provisional attachment was established in the name of the creditor G association (hereinafter “foreign association”) in the copy of the registry, but the provisional attachment was made in the copy of the registry, which would immediately be cancelled by filing a lawsuit for invalidation of provisional attachment. In addition, the Defendant would demand the payment of the purchase price. In addition, the Defendant received a loan for the instant real estate and paid the interest therefrom.”

However, the provisional attachment of KRW 489,081,264, the maximum debt amount of the non-indicted 489,081,264, in the name of the creditor of the instant real estate, was based on the claim against the non-indicted 5,000 won from the non-indicted 5. At the time, the Defendant did not abide by the procedure while the non-indicted 5,00 won was the president of the instant association, and the Defendant did not have the intent or ability to invalidate the provisional attachment by filing a lawsuit for invalidation of the provisional attachment against the creditor on the ground of offsetting the claim and the debt, etc. on the ground that there was no claim against the said association. At the time, there was no intention or ability to repay the claim against the said association on all the property of the Defendant at the time,

Nevertheless, on August 30, 2013, the Defendant deceptioned the victim as above and received 48,000,000 won from the victim’s Hbank account as the purchase price of the instant real estate from the victim. From October 2013 to July 21, 2015, the Defendant had the Defendant pay on behalf of the Defendant the tax amount of KRW 12,00,000 due to the sale of the said real estate, and the registration cost of KRW 16,00,000 from January 17, 2014.

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