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(영문) 수원지방법원 성남지원 2013.05.24 2012고단1700

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 10, 2005, the Defendant established B Co., Ltd. on March 10, 2005 and operated machinery business at the site of heating, cooling, sanitation, plant and fire fighting work.

On April 2, 2008, the Defendant suffered losses equivalent to KRW 510 million in total amount of the construction accounts and claims due to the dishonor Construction Corporation, which is a business partner, and suffered losses on February 2, 2009, including the total amount of the construction accounts and claims of KRW 1550 million. On March 16, 2009, the Defendant was registered as a joint representative director of the said Company as a bad credit holder, and the management situation was rapidly aggravated due to the early repayment of the company’s financial rights obligations and the suspension of additional loans. From November 201, 2010, the Defendant began to delay payment of wages of some employees.

On April 16, 2011, the Defendant suffered loss of KRW 68,50,000,000 due to the failure to perform construction works by Taesung Machinery and Equipment Company, which is the business partner, due to a sudden decrease in sales from the beginning of 2011, and had been in arrears with approximately KRW 58,00,000,000,000 for national taxes based on around that time, and employees’ wages and retirement allowances were in arrears with the total amount of KRW 58,00,000.

[2012 Highest 1700] The Defendant obtained the supply of construction materials from the victim in spite of the fact that the Defendant did not have the intent or ability to pay the price even if he received the materials from the victim D as follows.

1. On March 201, 201, the Defendant: (a) called the victim’s G office in the victim’s management management G office in Gangdong-gu Seoul E-building 201, the Defendant sent a telephone to the victim’s G office in the city of Sinsti City F 506; and (b) supplied the victim with one circular pump at the H installation site in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do; and (c)

4. Payment shall be made to the lower order.

"Falsely, it is equivalent to five million won in the market value of circular pumps at the construction site above the monthly end of the month from victims.