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(영문) 춘천지방법원 강릉지원 2017.03.08 2016고단1015

사기방조

Text

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

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

Reasons

Punishment of the crime

[Before the latter part of Article 37 of the Criminal Code] The defendant was sentenced to imprisonment for three years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on May 9, 2012, and the above judgment became final and conclusive on July 13, 2012.

[2] From November 10, 2009 to May 10, 2010, the criminal facts D was a person who was a representative director in the name of the K 2 E-2-story, the defendant was a person who actually operates the above company in the name of D, and the above F was in charge of the construction of G apartment in Gangnam-si.

D In Seoul Special Metropolitan City, Nowon-gu H on December 15, 2009, the victim J (66 tax) tried to start the construction if the completion of G apartment is lowered, and if the completion of G apartment is reduced, the construction will be reduced by 3 times of the supply contract of G apartment and 200 million won until April 14, 2010.

“.....”

그러나 사실 G 아파트의 공사현장은 당시 보일러, 샷 시, 방수 등 공사업자들에게 공사대금을 제대로 지급하지 못할 정도로 어려운 형편이어서 2010. 4. 14.까지 4억 원을 변제할 의사나 능력이 없었고, 담보로 제공한 G 아파트 공급 계약서 3매는 허위로 작성된 것이었으며, F가 K 재건축공사를 수주한 사실이 없어 철거공사를 줄 권한이 없었다.

D As above, by deceiving the victim and deceiving the victim on December 16, 2009, 150 million won to the national bank account in the name of the defendant on December 16, 2009, and 50 million won to the national bank account in the name of L on the same day, the victim acquired 200 million won in total by remittance.

The defendant does not have received three G apartment bonds at the time, and it is difficult to prepare the construction cost due to the impossibility of the loan due to the lack of the sale of G apartment bonds at the time.