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(영문) 창원지방법원 진주지원 2014.07.18 2013고단1191

사기

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative director of the J Co., Ltd. (hereinafter referred to as the “J”) located in Sacheon-si and is the approving authority who exercises overall control over all the business affairs of the company, and Defendant B is the vice president of J and the defendant A assist the defendant A with his fault and vice president, and takes charge of the work, such as the construction contract, order, and fund management.

From June 16, 2010 to June 30, 2012, the Defendants requested installation of mobile toilets to D (hereinafter referred to as “victim”) where the victim was represented by L while the Defendants continued to perform the construction work under a contract with GS Construction Co., Ltd. (hereinafter “GS Construction”), and continued to use the money for direct payment to GS Construction, as the construction cost and overdue wages incurred by another subcontractor, and the construction cost in another construction site that is not related to the said construction work.

Defendant

B entered into a contract on May 14, 2012 for the installation of materials supply to the victimized Company and the construction cost on behalf of the Defendant A to be paid directly to the victimized Company in the GS Construction, on the following grounds: “The Plaintiff and the Plaintiff signed a contract on the installation of materials supply with the content that the victimized Company will pay directly to the victimized Company in the GS Construction.” At this stage, two mobile toilets are installed and two mobile toilets are installed and the cost of the construction would be KRW 43,60,000 (including surtax 47,960,000,000,000,000,000,0000,000,0000,000,000,0000,000,000,000,000

However, even if the damaged company installs two portable toilets as above, there was no intent to pay the construction cost in direct payment from GS Construction, and the J did not have the ability to pay the construction cost in time due to the foregoing hostile situation.

The defendants deceiving the victim as such.