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(영문) 창원지방법원 진주지원 2020.03.05 2019고단1504

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

【Criminal Power】 On October 12, 2018, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Daegu District Court, which became final and conclusive on February 7, 2019.

【victim B is a lessor of equipment during construction; Victim C is a constructor; Victim D is a representative director of the E-stock company.

Around March 8, 2017, the Defendant, while running a construction business called F, entered into a civil engineering contract with G and subcontracted the construction project for the construction project site of H in 81,249,086 won at the contract price from G, and around that time, the Defendant: (a) stated that “The construction project is to be carried out with another person; (b) the construction project is to be carried out with the other person; (c) the construction project is not well known; and (d) the construction project is to be carried out by I as the site manager at the construction site.”

In March 2017, the Defendant, at the construction site office of the J apartment located in Sungsung-si, where the victim B was aware of through the above I and the victim B came to work as the police officer, stated that “The Defendant would pay construction cost to the victim B for civil engineering and retaining wall construction work during the construction work of the gate construction work.” The victim B, and the victim C and the victim D, who received the above Defendant’s horse through the said work, were responsible for the above civil engineering and retaining wall construction work.

However, the Defendant was awarded a subcontract for the construction of a pent site from G, and did not intend to implement a penture project, together with G, or by Defendant Mixed with Defendant Mixed. At that time, the Defendant was obligated to pay a large amount of money to financial institutions, as well as the Defendant was obligated to pay an individual liability of KRW 200 million to others due to gambling, and even if the Defendant was paid a subcontract price from G, the Defendant was planned to use it in repayment of the obligation, and there was no other property or income.