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(영문) 부산지방법원 2017.08.24 2017고단3461 (1)

사기등

Text

A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 4, 2017, the Defendant was sentenced to the suspension of the execution of 8 months for fraud in the Changwon District Court's Msan branch, which was sentenced to 2 years of imprisonment for fraud, and the judgment became final and conclusive on April 12, 2017.

Criminal facts

On May 2016, the Defendant arranged to register E, a defendant's branch, as a representative in the name of the company, and served as the head of the headquarters from that time.

C Around July 2016, when the construction of the KG Construction Co., Ltd., which was introduced through F, a consultant of the above company, is awarded to the KG Construction Co., Ltd., the KG Construction Co., Ltd., the KG Construction Co., Ltd. received a proposal from the KG Construction Co., Ltd., to conclude a subcontract for removal, civil and structural construction during the construction of the KG Construction Co., Ltd., and paid 30 million won to the above H under the said condition. When the KG construction is awarded a subcontract with the Defendant, the head of the KG, the KG Construction Co., Ltd.,

Accordingly, the defendant entered into a subcontract for the removal work with the above company, the actual representative of the above company, and received money as a deposit for the contract and received the money as a priority for personal use.

On November 15, 2016, the Defendant was ordered to remove, civil engineering and structures among new construction works, to the victim N, the representative of the development company, which was introduced through the Defendant L, located in Busan-gu, Busan-gu, Busan-do, and the Defendant’s branch.

As contract deposit, 30 million won is first awarded a subcontract for the removal work during the I construction project.

“.......”

In addition, the defendant stated in the contract amount column of the subcontract contract form that "this hundred million won is paid," in the contract deposit column, "one hundred million won is paid," and in the contractor column, "ABD Development", and affixed the official seal of the development DD, which has been coming from each of the above mentioned above, to the victim, respectively, and issued it to the victim.

However, at that time, the defendant was not the president of the Dispute Resolution Development Bank, and he is another company in the name of the Dispute Resolution D Development Bank.