beta
(영문) 대전지방법원 서산지원 2013.11.29 2012고단1193

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

Defendant

A is the representative director of the (ju) J in Seosan who has been awarded a subcontract for H construction in the G plant located in Seosan City F from Hyundai Heavy Industries (State).

In fact, the above (State)J suffered approximately KRW 300 million damages while performing construction works in J in J in 2010, and around KRW 200 million damages at the construction site in the spring G in 201, and around KRW 300 million damages at the site of construction in L located in F, which was conducted from March 2011, and it was difficult to implement the project because it was difficult to suspend construction works at the beginning of December 201, and there was a situation where the existing obligation exceeds KRW 1 billion, so there was no ability to pay the amount even if the materials are supplied from 300 million.

Nevertheless, Defendant A: (a) at the above Jeju JJ office around November 28, 201; (b) around December 10, 201; (c) at the 332,00,000,000, and 10% advance payment; (d) at the supply price of goods A53-BW/40; and (e) at the end of the following month, he/she deceptions the above M by preparing an order to pay in cash at the end of the following month; (d) around 206, around December 6, 201, at the above Jeju JJ office: (e) KRW 58,329,480; (e) KRW 32,00,000; (e) KRW 332,00,000; (e) KRW 40,000; and (e) KRW 463,206,00,000; and (e) KRW 463,480,06363,24,064,0.

As such, Defendant A by deceiving the above M and received materials equivalent to KRW 391,001,398 from the above victim company.

Summary of Evidence

1. The witness M, N, andO.