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(영문) 수원지방법원 여주지원 2016.07.20 2015고단782

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2015 Highest 782" was a person operating D Co., Ltd., and the office and the repair work of "ND E" on May 2012, 201, which was located in the fifth floor of Ansan Hasan-dong Highest 5 Emp Ra, Emp, Co., Ltd., Ltd., under a contract with ND.

1. On May 29, 2012, the Defendant made a false statement to the victim E that “The construction cost for the construction of electricity and telecommunications facilities shall be paid in advance, the intermediate payment of KRW 10 million, the intermediate payment of KRW 18 million, and KRW 25 million, and the additional construction cost shall be paid within 15 days after completing the construction work.”

However, the defendant was awarded a contract in an unreasonable amount of KRW 460,000,000 which is less than the estimated construction cost of the said remodeling project. The defendant was awarded a contract on May 22, 2012 by END Co., Ltd. with KRW 38,50,500,000, May 29, 2012; KRW 115,500,000,000 on June 8, 2012; KRW 77,000,000 on June 14, 2012; KRW 398,200,000 on June 29, 2012; KRW 60,000,000 on the construction cost of the said remodeling project; and even if the defendant had been working at the time, he had no capacity to use the said new housing construction cost of KRW 398,20,00,000 for the victims and new housing construction work cost of KRW 00.

As seen above, the Defendant: (a) had the victim E, and had the victim E, from May 29, 2012 to June 18, 2012, 78,234,356 won, such as electricity, telecommunications, fire-fighting equipment, etc.; (b) but (c) did not pay only KRW 44,234,356, out of the above construction cost, and did not pay the remainder of KRW 34,00,000, the Defendant acquired pecuniary benefits equivalent to the same amount.

2. On June 1, 2012, the Defendant installs a cooling and heating system to the victim F at the same place as the preceding paragraph, and to the victim F.