특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for five years.
Of the facts charged in the instant case, (2) Nos. 3, 6, 8, 10 through 15 of the annexed list of crimes.
Punishment of the crime
The defendant is the representative director of the F Co., Ltd. in Busan Gangseo-gu, who runs a construction business with 150 full-time workers.
[2017 Gohap 77] Defendant 1 on December 15, 2015, the victim G G representative H of the victim company at a non-place on December 15, 2015, “A request to conduct safety inspections and technical guidance at the I New Construction Work site and received KRW 4,950,000 from the injured party during the time of the request for safety inspection and technical guidance, and then the victim was provided with KRW 4,950,000 from November 1, 2016, the list of crimes (1) in attached Form 11.
1. The injured party G (representative: H) was provided with safety inspection and technical guidance services equivalent to KRW 30,756,00,000, such as the Plaintiff G (representative);
However, in fact, the Defendant had no intention or ability to pay the payment even after being provided with safety inspection and technical guidance services from the injured party, because the Defendant continued to suffer from a deficit in business management without paying the payment of KRW 2 billion after he/she had been unable to pay the payment of the bill at around December 2014.
As above, the Defendant deceivings the victims in such a way that he did not intend or have an ability to pay goods or services from April 25, 2015 to December 1, 2016 as shown in the List of Crimes (1), including by deceiving the victims, thereby deceiving the victims by providing them with materials or services related to the construction project, which amount to KRW 6,597,94,213, and KRW 213,00,00, in total, from the victims.
On January 2016, 2016, the Defendant made a false statement to the effect that “The Defendant would normally pay the construction cost on the ground of the construction work that installs 68 air condition heating systems at the L plant located in Gangseo-gu Busan Metropolitan Government K at the L plant site of Gangseo-gu.”
However, in fact, the defendant did not pay 2 billion won of a bill on December 2, 2014.