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(영문) 청주지방법원 제천지원 2015.10.01 2015고단308

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who actually operates the D Co., Ltd. in the Chungcheongbuk-gun C.

On June 7, 201, the Defendant received a contract from the Gyang-gun for the “F Hembow Installation Project” of KRW 66,825,000 for the construction cost, and around June 15, 201, the Defendant agreed that the Victim K, who operates J at the Imb Site Office following the Han-gun G in Chungcheongnam-gun, will perform the work for installing the Hembow Network at KRW 36,300,000 for the construction cost, and 30% of the construction cost shall be paid in advance after the arrival of the material, and the remainder shall be paid after the completion of the work.

However, in fact, D Co., Ltd., at the time of the Defendant’s operation, was under serious financial pressure by raising KRW 187,392,467, and receiving demand payment from creditors, and even if it received construction payment from the Youngyang-gun, D Co., Ltd. for the “F Hembow Construction Project”, which was subcontracted by Young Construction Co., Ltd. on April 15, 201, was under circumstances where it is difficult for D Co., Ltd to operate funds in the form of prompt return, such as being used first as personnel expenses at the site of “I temporary construction” and material costs, and thus, it was difficult for C Co., Ltd to pay the construction cost at the time when the victim agreed to do so even if the victim completed installation works.

As above, the Defendant, by deceiving the victim, had the victim complete the installation work of the Devaged Zone around July 20, 201, and paid the total construction cost of KRW 369.6 million on August 29, 201, KRW 13 million on August 29, 201, and KRW 29.6 million on September 9, 201, thereby acquiring property benefits equivalent to the same amount by failing to pay the remainder of KRW 29.6 million on September 1, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the defendant (including K's statement part);

1. Each police statement of K and L;

1.Contracts, the Embrypted Work Schedule;