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(영문) 대전지방법원 홍성지원 2016.09.21 2015고단1230

사기

Text

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

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 11, 2014, the Defendant was sentenced to a suspended sentence of one year on the 19th day of the same month for a violation of the Labor Standards Act in the Changwon District Court's Msan Branch.

【Criminal facts】 The Defendant is the representative director of C (hereinafter “C”)

C around July 12, 2010 and for the same year

8. A performance insurance contract concluded on around 20.20. The same year, under which the insured is the victim E-stock company with respect to the installation of machinery for collection and indoor pipeline works with the Seoul Guarantee Insurance Company;

7.2. Around 22, the victim entered into the said construction contract with the victim.

On November 23, 2010, the Defendant gave up construction work as of September 30, 2010 to G, etc., who is an employee of the victim, at the D House located in Yeonsu-gu Incheon Metropolitan City (F) around November 23, 201, and compensate for KRW 50 million as agreed money.

On March 25, 2011, a false statement of intent to pay an agreed amount was made, and on November 30, 2010, a written agreement was made, and on December 5, 2010, a managing deputy head of the victim, H made a false statement of intent to pay the agreed amount, and on December 5, 2010, H made a false statement of intent to request the performance guarantee company to submit a written confirmation of completion of the performance guarantee and a written confirmation of non-use of securities to the guarantee company.

However, at the time of fact, the Defendant thought that C’s obligation was equivalent to KRW 3 billion, and that C’s obligation, employee wages, etc. were to be paid preferentially with C’s funds, so the victim did not have the intent or ability to pay KRW 50 million to the victim even if the victim submitted the certificate of completion of performance and the certificate of non-use of securities to the Guarantee Insurance

Nevertheless, on December 2012, 2010, the Defendant, by deceiving the victim as such, had the victim submit a written confirmation of completion of performance and a written confirmation of non-use of securities to the Seoul Guarantee Insurance Co., Ltd., which was the first police officer, waives the right to claim insurance money equivalent to KRW 50 million, and did not pay the said written agreement, thereby pecuniary benefits equivalent to the same amount.