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(영문) 울산지방법원 2016.04.14 2015고단2422

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is operating “D” and “E” to the victim C on March 2013.

In order to receive a contract from the Ulsan Metropolitan City Facilities Management Corporation for the F Office expansion works, it will pay the price for the construction works.

“The phrase “ was false.”

However, the Defendant, as a bad credit bad credit, was liable to pay the construction cost equivalent to KRW 20 million without any particular income or property. Since the Defendant received the said construction cost from the Ulsan Metropolitan City Facility Management Corporation and thought to be used as office operating expenses, there was no intention or ability to pay the said cost even if the injured party did not work.

Nevertheless, the Defendant: (a) by deceiving the victim as above, caused the victim to do the above construction work worth KRW 3.6 million at the market price around that time; (b) obtained the equivalent pecuniary benefits; (c) around that time, from around August 2013 to around August 2013, the Defendant had the victim perform construction work equivalent to KRW 1,3350,000 in total on five occasions, such as the list of crimes in the attached Form.

2. On May 24, 2013, the Defendant: (a) at a law firm I office located in Ulsan-gu H on May 24, 2013, the victim C is required to obtain a license to engage in interior construction work in order to have the victim C perform many construction works at the Ulsan Metropolitan City Facility Management Corporation; and (b) the cost of construction at least five million won.

If it is lent KRW 40 million to obtain a type of license, it is expected to take over a corporation with a type of a license with the money and subcontract the construction to be entrusted to the future.

“.......”

However, the facts require capital of 200 million won or more in order to hold a single type of interior construction business, and the defendant bears the obligation to pay construction cost equivalent to 20 million won as bad credit holders without any particular revenue or property, and even if he borrows money from the injured party, he/she takes over or obtains a single type of license.