특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
On November 25, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daejeon District Court and three years of suspended execution, and the above judgment became final and conclusive on July 10, 2014.
[2013 Gohap 533] The Defendant is a real representative of J Co., Ltd. (hereinafter “J”) and K Co., Ltd. (hereinafter “K”) which is a contractor of the construction of new apartment.
On October 2, 2008, the Defendant received a subcontract for the installation work of the machinery and equipment work from K, N, the contractor, and paid KRW 1,010,00,000 as the construction cost if he/she had performed the construction work from October 3, 2008 to March 31, 2009.
40% of the construction price shall be paid in cash or in bill from the second month after the commencement of the construction, and the remaining 60% of the construction price shall be paid by converting the above apartment, which is a rental apartment, into a general apartment, into a substitute after converting it into a general apartment.
“The purport was to the effect that “.....”
However, in fact, the Defendant aggravated monetary circumstances, such as not only the total construction cost of 110 million won for seven subcontractors such as P, etc., but also the lack of ability to pay monthly salary for employees, while the Defendant did not have any particular funds and assets, and did not properly proceed with the said apartment construction or did not have any intention or ability to convert the said apartment into a general apartment unit for sale. Therefore, the said horses were all false.
Therefore, the Defendant deceiving the aboveO, and caused the victim company to take part in it from October 3, 2008 to October 10, 2008, and had the victim company take part in the construction work of the above machinery and equipment amounting to the total amount of KRW 454,802,450 from October 3, 2008, and acquired pecuniary benefits equivalent to the same amount in a manner that did not pay the construction cost.
[2014 Gohap 144 (Joint) The Defendant is Daejeon Central and Middle-gu Q, R Co., Ltd (hereinafter “R”) located in Daejeon Central and the first floor 132, Daejeon Central and Middle-gu Q and 204.