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(영문) 의정부지방법원 2020.08.14 2020고단1305

사기등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operated C, a company that is an environmental pollution prevention facility company in the Gu Government-si B and the seventh layer.

1. On January 6, 2017, the Defendant called “E, an employee of the victim Co., Ltd., called “D, by call,” and called “D will receive KRW 100 million advance payment from the main contractor instead of the main contractor, who entered into a contract for the supply of machinery and installation works in the F F F F in Su-si, and received 100 million advance payment from the main contractor in lieu of our company, us will complete the construction work and later pay 5% of the construction contract amount.” On February 6, 2017, at the Daegu G building, the victim and H office of the victim Co., Ltd., the victim and “project name: FF non-point pollution reduction equipment supply and installation works: C Co.,, Ltd., recipient: D: 302,05,00 won, advance payment amount: 105,50,000 won, and 105,50,000 won for the construction contract from the victim.”

However, at the time of fact, the Defendant was under financial pressure due to bank loans, wage obligations, etc. arising in the course of operating the Co., Ltd., and around May 20, 2016, the Defendant was thought to be used for personal purposes, such as receiving advance payments from the victim, and the victim did not have any intent or ability to reduce part of the down payment after completing the construction work.

around February 10, 2017, the Defendant received KRW 14.45 million from the victim to the K Bank account in the name of C, a stock company.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 20, 2017, the Defendant, at the office of the said victim company, provided that the said L is “Korea Company.”