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(영문) 서울중앙지방법원 2012.12.20 2011고단3085

사기

Text

Defendants shall be punished by imprisonment for one year.

However, it is against the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2010, Defendant B entered into a false contract with Defendant B, located in the Seoul Jung-gu Seoul Jung-gu Office, through the staff in charge of subcontracting contract such as H of the site director and I of the official office office, and ordered the victim J to “K-new construction work” in the “K-built construction work,” and the “10% of the construction cost will be paid in cash within 15 days from the date the project owner received the payment from the project owner after the completion of the construction work.”

However, the fact does not have the intent or ability to pay the construction cost even after the completion of the construction work by the victim.

Defendant

B, as such, by deceiving the victim and allowing the victim to complete the above construction, it did not pay 229,900,000 won for the above construction, thereby acquiring property profits equivalent to the above amount.

2. On April 20, 2010, Defendant A subcontracted the “P accounting corporation office construction work” to the victim through the staff in charge of concluding subcontracting contracts, such as O and I, a field director, at the (main N) N office operated by Defendant A of the Jung-gu Seoul, Jung-gu Office, Seoul, through which Defendant A subcontracted the “P accounting corporation office construction work” to the victim. As above, Defendant A made the victim complete the said construction, but did not pay the victim KRW 96,80,000,000 for its payment.

3. On April 24, 2010, Defendant B subcontracted the “Rinro remodeling project” to the victim through employees in charge of concluding subcontracting contracts, including Q2, a site manager, and I, a public office chief, at the same place. As above, Defendant B made a false representation, and caused the victim to complete the said construction, and thereby, acquired the pecuniary benefits equivalent to the said amount by failing to pay KRW 182,60,000,000, even if the said construction was completed.

4. Defendant A grants subsidies in W, the original business entity, when the material supply occurred, to the victim(s) representative V through the staff in charge of concluding subcontracting agreements, such as Tran, a field director, at the main N office of the S remodeling Project site (main N office) around Jun. 30, 2010.