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(영문) 제주지방법원 2021.02.05 2020고단756

사기

Text

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

However, the above defendant for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] On February 22, 2018, Defendant A was sentenced to imprisonment with prison labor for one year for the crime of forging a falsified private document forgery document at the Jeju District Court on February 22, 2018, and the judgment became final and conclusive on March 30, 2018.

Defendant

B On February 18, 2016, the Cheongju District Court sentenced Cheongju District Court to one year of imprisonment for fraud, and the decision was finalized on February 26, 2016.

[The facts of the crime] The defendants, as a director in the company's office in the Dispute Resolution Co., Ltd. (hereinafter "victim Co., Ltd.") at the end of the end of December 2015, in collusion with the defendants, are used as construction cost if they lend money to E (47 years of age) that operates the victim company for the new construction of three apartment buildings in the Hacuk, one apartment construction is subcontracted to the victim company, and the borrowed money is repaid until March 31, 2016.

Around January 15, 2016, a contract was made between the victim company and the FBA (Representative G) and the FBA, and the victim company entered into a contract for the HH apartment construction project (I Dong) and entered into between the victim company and the FBA (Representative G), and was committed as if it were to subcontract the said construction project to the victim company.

However, even if the Defendants borrowed money from the victim company in the form of the FBA and the FBA without any financial or specific plan, they merely intended to use it in part, such as the defendants' living expenses, etc. by the agreed deadline, or did not have any intent or ability to subcontract the construction to the victim company in the name of FBA.

Nevertheless, on January 18, 2016, the Defendants: (a) by deceiving E and deceiving E from the victim company; (b) KRW 20 million in total to the post office account in the name of Defendant A in the name of the victim company around January 29, 2016; (c) KRW 20 million in the name of the victim company; (d) KRW 50 million in the agricultural bank account in the name of the victim company in the name of the victim company in the name of the victim company; and (e) KRW 10 million in the name of the victim company in the name of the victim company in the name of the victim company; and (e) KRW 20 million in the name of the victim company in the name of the victim company in the name of the above post office account in the name of the defendant company in the name of the defendant company in the name of the victim company in four times, including KRW 20 million.