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(영문) 부산지방법원 동부지원 2019.01.17 2017고단1017

사기등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a constructor.

1. On July 31, 2013, the victim C and D representative director E entered into a construction contract with respect to a new construction of multi-household B in Ulsan-gu B site on July 31, 2013, and they received the cost of the construction project from E while performing the construction project under a subcontract with E.

When E was unable to properly proceed with construction, the Defendant entered into an oral agreement with the victim C to directly resume the construction from September 4, 2013 and complete the construction, and concluded a new construction contract with the victim C on November 4, 2013 by setting the deadline for completion as the total amount of KRW 400,00,000 on December 30, 2013, and the victim entered into a new construction contract with the victim on December 30, 2013, and the victim’s “The small-scale construction project is currently underway, and this level of small-scale construction project may be carried out without any delay until the end of December 2013. The construction cost will be completed in line with the schedule for completion of the new construction of the said house.”

However, in fact, the Defendant did not have obtained a comprehensive construction business license under the name of another person, but was not entitled to perform the construction business under the law, and the Corporation was already suspended on January 201, 2013 and the Defendant did not pay the outstanding amount exceeding KRW 100 million to the participating companies in the construction business.

In addition, in addition to the above outstanding amount, the debts such as installment payments and borrowed money, etc., from around August 2010 to KRW 2,950,000 imposed from around August 201 because there was no other income except the construction cost. Since around August 2010, it had already been in a bad credit position, and it had already been used for the payment of the Defendant's existing debt, etc., and it did not pay KRW 40,000 to the F et al. who participated in the construction in this case, but rather used the money to discontinue the construction.