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(영문) 춘천지방법원 영월지원 2013.05.03 2013고단52

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant placed an order in Jung-gun, and entered into a side agreement with D and E to subcontract the Changho and glass construction work to approximately KRW 1,050,000 during the said construction work, and entered into a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a subcontract for a contract for a subcontract for a contract for a subcontract to Jung-gun, and KRW 8,000,000,000,000,000, which is the difference, were returned to the victim company. In this case, the Defendant did not notify the victim company, its head office.

On the other hand, the above D and E concluded an agreement with the FF Co., Ltd. that they are not eligible to receive a subcontract for the above construction work, and the F Co., Ltd. takes the form of subcontracting, and the actual construction work is conducted D and E. However, F Co., Ltd received 5% of the subcontract construction cost after performing the work such as management of construction funds and outside materials orders.

On June 28, 2010, the Defendant: (a) at the new construction site of the Gangwon-gun Apartment Complex Co., Ltd., Gangwon-do, and (b) around June 28, 2010, the victim company “the construction cost is insufficient to perform creative and glass construction; (c) thereby sending KRW 80 million as the advance payment for construction to the FF Company, which is a subcontractor company; and (d) prepared a written draft and sent it to the victim company by facsimile.

However, in fact, the defendant entered into a side agreement with D and E as above and returned KRW 80,000 according to that side agreement, the victim company was thought to use the money individually, so even if the victim company transfers 80,000 won to the F Co., Ltd. account according to the defendant's flag, it did not intend to use it as the advance payment for the construction work.

As such, the Defendant deceiving the victim company and caused the victim company to transfer 80,000 won to the F Company account as an advance on June 29, 2010, and F.D on the same day.