beta
(영문) 수원지방법원 성남지원 2015.07.28 2014고단2995

사기

Text

1. The defendant shall be punished by a fine of 15 million won;

2. If the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

On May 30, 2012, the Defendant entered into a contract on the “F office repair works” with the content of the “F office repair works” with the victim C representative G Co., Ltd. and “F office repair works” (including value added tax) of the victim C, the contract amount of E7 stories, the contract amount of 205,810,000 won (including value added tax), June 22, 2012, advance payment: 30% payment of the contract amount, intermediate payment: 50% payment of the contract amount at the rate of 50%, the balance payment: 20% payment of the contract amount after the completion of construction work.

around July 2012, the Defendant demanded that the said G change the contractor F from F to H, and add the work to the outside director and the senior construction.

7. Around 23. 23. Around the above E-1st century, the F Office had the officials in charge enter into a contract by which the parties to the contract for the renovation and repair of the F Office would be changed to H.

However, on March 21, 201, H was established for the purpose of real estate leasing business and had no sales performance. On December 31, 201, the assets as of December 31, 201 were limited to KRW 17 million, and the Defendant was also suffering from serious financial difficulties, such as the failure of investment in 2011 to prevent the lending of financial rights.

In particular, the golf membership acquired in the name of H on April 25, 2012 was 830,000,000 won, but the actual value was 500,000,000 won paid by F. Accordingly, the actual value was 330,000,000 won, and it was impossible to return the above amount for five years from the date of entry. Since the transfer or acquisition of the golf membership was possible after three years from the date of entry, there was no intention or ability to pay the construction cost within the payment period, even if the victim had the repair work of the office.

Nevertheless, the Defendant deceivings the victim as above and caused the victim to go against it from June 2012.

8. The construction cost shall be equivalent to KRW 145,720,000, by having the office repair work equivalent to KRW 225,720,00,00, to the first patrol officer.