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(영문) 수원지방법원 안양지원 2019.01.09 2018고단195

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

On October 19, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Labor Standards Act in the Suwon District Court’s Ansan Branch, etc., and the judgment became final and conclusive on February 23, 2018.

Criminal facts

(State) The Defendant is a person who has operated a construction business under the name of B and C (State), and the victim D is a person who operates (State)E.

1. On October 2013, the Defendant made a false statement to the effect that “The Defendant would make the payment for the construction work at the time of the progress of the Gyeonggi-do dredging construction work.”

However, the fact is that C(State) operated by the Defendant was hostile from around 2012. Accordingly, the Defendant was unable to pay C(State) and B(State) taxes, and even if the Defendant and the foregoing company borrowed money from financial institutions and personal creditors and received the above construction payment from the original office, it is required to use the unpaid tax and other creditors in repayment of obligations to other creditors. Thus, even if the victim performed the construction work, there was no intention or ability to pay the construction payment as agreed upon.

The Defendant, by deceiving the victim, received services equivalent to KRW 549,00 at the market price by allowing the victim to clean the sewerage pipes at the Leecheon-F site around December 2013. From that time to November 30, 2015, the Defendant received services equivalent to the sum of KRW 146,869,680 at the market price from the victim 14 times in the same way as indicated in the separate crime list from November 30, 2015.

2. The Defendant made a false statement to the effect that “The Defendant would pay the construction cost if he/she would perform the sewage pipe maintenance work in the Cheongju-gu, Cheongju-si,” by telephone, to the victim at the Seocho-gu, 2015.”

However, the facts were that C(State) operated by the Defendant was fit from around 2012. Accordingly, the Defendant did not pay taxes to C(State) and B(State). The Defendant and the above companies are financial institutions and individuals in the name of the Defendant and the above companies.

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