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(영문) 수원지방법원 성남지원 2012.10.25 2011고단1323

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2011 Highest 1323: Fraud] The Defendant is a person engaged in steel distribution business under the trade name of “B,” and the Defendant said, on January 201, 201, the Defendant supplied D’s representative of the victim’s (ju)C engaged in steel wholesale retail business with steel sales business with steel 140 tons at the pipeline construction site under a subcontract from “in-house (ju)” and, on January 31, 201, paid the price from (ju) E until January 31, 201.

However, the defendant did not think that he would be supplied with the above steel and sold it again for the purpose of raising funds rapidly in order to receive various payments from the customer and did not think that he would use the above steel at the above construction site.

Around January 7, 2011, the Defendant, by deceiving the victim, obtained approximately KRW 145,213,200 of the market value of 140 tons of steel HH 140 tons from the victim and acquired it by deception.

[2012 Highest 1939] The Defendant is a person engaged in steel distribution business under the trade name of “B”. The fact is that the Defendant did not have the intent or ability to pay the price even when he was supplied with steel from the victim’s state F. However, the Defendant had a third party believe the ability to pay the price by forging or exercising a large amount of construction contract as if he/she entered into a contract with a third party, and had the third party acquire the steel from the victim and use the selling price to pay the Defendant’s debt.

1. On March 10, 201, the Defendant forged private documents without authority for the purpose of exercising at the office of “B” (hereinafter “B”) of Gangdong-gu Seoul Metropolitan Government Building 405, and without authority for the purpose of exercising on March 10, 201, as the title of the contract amount for construction works using the unit process, “the contract amount” column “this hundred and twenty million Won Won Won Won (2,243,160,000)” and “the contract deposit amount” column “the contract amount shall be KRW 224,316,00,000” and “the defect repair deposit rate and the period” column “5.0% of the completion amount, five years from the completion date of the completion inspection,” “H representative I” and “contractor” column “H representative I” and “the contracting party” column.