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(영문) 대구지방법원 안동지원 2016.07.08 2016고단220
사기
Text

1. The punishment of the accused shall be four months of imprisonment;

2. Provided, That the above punishment shall be imposed for a period of two years from the date this judgment becomes final;

Reasons

Punishment of the crime

The Defendant, as the owner of the building in Dobong-gun C, did not pay KRW 64,712,574 for the material price even after receiving construction materials from the victim E, a representative of D who carries on the construction of the building in question around October 2013, while carrying on the construction of the building in question.

On September 3, 2014, when the victim claimed the above amount, the whole amount of the defendant's share (9/100) among the above C's land of the building site of the building site of the above C is limited to "the building site". However, in the evidence record, provisional seizure is obvious that the share of the defendant was established among the above building site of the building site of the building, and there is no obstacle to the defendant's exercise of his/her right to defense. Thus, provisional seizure

B. A provisional attachment was made.

The defendant around October 1, 2014, at G office located in Geumcheon-gu Seoul Metropolitan Government F and 302, borrowed the above C building from a bank as collateral and paid KRW 41 million out of the material price to the victim.

“The phrase “ was false.”

However, in fact, even though the Defendant had been at the time at H’s level of KRW 310 million, the interest was not paid monthly, and the Defendant had been urged to repay the obligation, and the other bank loans amounted to KRW 380 million and KRW 1350 million, and even if the Defendant had been released from provisional attachment and borrowed the above C building as security, there was no intention or ability to pay the material payment to the victim.

Ultimately, the Defendant had the victim cancel the above provisional attachment on October 7, 2014, and acquired pecuniary benefits equivalent to the above provisional attachment claim amount, by allowing the victim to cancel the provisional attachment at the end of the above false statement.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning E statements concerning the defendant in the first prosecutor's examination protocol against the defendant

1. Part of the second police interrogation protocol against the defendant during the second police interrogation protocol

1. Statement made by the police for E;

1. E’s complaint 1.

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