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(영문) 대전지방법원 천안지원 2017.04.13 2017고단63

사기

Text

Defendants shall be punished by imprisonment for one year and six months.

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

Reasons

Punishment of the crime

Defendant

B as the representative director of F Co., Ltd. (hereinafter referred to as “F”), Defendant A has been in charge of accounting and fund management, etc. as the former director of F, and Defendant A has been in charge of business related to construction contracts and construction works.

Defendants, in collusion on January 9, 2015, will complete the construction work upon entering into a contract for steel construction with F and H, with F and H employees I of the victim H limited company (hereinafter referred to as “victim company” or “H”) in F and G offices located in Sung-si.

“Along on the same day, a contract for steel framed construction was concluded between the victimized company and the Ulsan Factory Extension Corporation.”

However, in fact, the Defendants were under financial pressure, such as there was no transaction partner who is capable of receiving materials for the progress of the construction work normally or on credit because they had a debt to the existing transaction partner including J more than 400 million won, so even if they were to receive the intermediate payment for the construction work from the victimized company, they merely thought that they were used as debt repayment, etc. to the existing transaction partner and did not have an intention or ability to normally carry out the construction work.

Nevertheless, on January 12, 2015, the Defendants deceptioned employees in charge of the victimized company as above and issued two copies of promissory notes (real name number K, date of issuance, number 150,000,000 as of January 12, 2015, and one page 64,830,000 won as of January 31, 2015, respectively) in two copies of promissory notes (real name number K, date of issuance, number 14,830,000 as of January 31, 2015, number 64,830,000 as of May 28, 2015, the Defendants acquired 21,440,000 won as part of intermediate payment, and issued 10,000,000 won as of June 30, 2015, 204,000 won and 40,000 won as of June 30, 2015).

Summary of Evidence

1. The Defendants’ respective legal statements

1. A witness I and L respective legal statements (as to Defendant A);

1. Each of the legal statements of the witness A and M (defendant B) 1.