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(영문) 대전지방법원 2018.05.10 2017고단2629

사기

Text

Defendants shall be punished by imprisonment for one year.

However, with respect to Defendant B, the period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

B On April 13, 2017, the Daejeon District Court sentenced one year and six months of the suspension of execution to be a crime of fraud, and the above judgment was finalized on April 21, 2017. On September 6, 2017, Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Daejeon District Court on September 6, 2017, and the above judgment was finalized on November 9, 2017.

Defendant

B as the representative director of the F Co., Ltd. F (ex officio closure of business on June 28, 2015, hereinafter referred to as “F”) established for the purpose of civil engineering construction business, building construction business, etc., Defendant A was in charge of accounting and fund management business, etc., and Defendant A was in charge of the business related to construction contracts, construction progress, etc. as the former director of the said

After concluding a contract for the construction of the Ulsan Factory with G limited company in an amount equivalent to KRW 720 million with intent to pay the existing debt by deceiving the construction cost without intent or ability to perform the construction work normally, the Defendants by deceiving the victims who are the clients as follows, by borrowing the contract for the construction of the said G Steel Corporation.

1. On January 2015, the Defendants against the victim H entered into a new contract with the victim operating the G pelJ, which is located in the said F office located in the Seocho-si 1, 2015, and the victim operating the G pelJ, and there is a lot of construction profits.

H sn beamline was supplied and said that it would pay goods at one time.

However, the Defendants, at the time, did not have the intent or ability to pay the price even if they were supplied with steel scrap materials from the injured party because the price for the goods unpaid to the injured party exceeds KRW 40 million and the obligation to other transaction parties responsible for the transportation of materials, installation, and seal, etc. necessary for the execution of the construction would also amount to KRW 160 million.

Nevertheless, the Defendants conspired to induce the victim as above, and thus, the amount is US from January 27, 2015 to the 28th day of the same month.