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(영문) 대전지방법원 천안지원 2016.08.18 2014고단1421 (2)

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

Ⅰ. The Defendant, as a de facto manager of D Co., Ltd. on October 2013, at the site of “F agricultural water quality improvement project,” located in Yannam-gun, Yannam-gun, Chungcheongnam-gun, Chungcheongnam-do, Inc., the victim company commences construction pursuant to the “contract for the creation and installation of a high-free book” entered into between the Defendant and the victim company on September 2012, and caused the victim company to commence the said construction. On November 2013, 2013, the Defendant concluded that “The victim company will complete the construction, and will pay for the completion of the construction.” On the said construction site, G is entitled to pay for the completion of the construction.

The Defendant asked “I” whether I would like to do so with the payment of KRW 600 million which he received from the Corporation in the Republic of Korea;

On December 2, 2013, with the purport that the completion of construction is completed, the victim company had the victim company continue to perform the construction by making a false statement as if the construction cost to be received from the agricultural and fishing village corporation, the ordering person, was sufficient.

However, on September 2013, at the time of ordering the above victim company to commence the construction, the Defendant had already received most of the construction cost from the Agricultural and Fishing Villages Corporation and had not spent more than KRW 2,777,00,000, and was in charge of other than the above F Corporation.

H The construction contract was destroyed on September 2013, and thus it was no longer possible to receive additional construction cost due to the destruction of the construction contract, and the remaining construction cost claims were seized by other creditors. As such, the victim company did not have the intent or ability to pay the construction cost even if it had the victim company do so.

As above, the Defendant, by deceiving the victim company, had the victim company perform construction work of “production and installation of rubber water quality improvement projects” until December 31, 2013, and acquired pecuniary profits equivalent to KRW 140,000,000 for construction cost by deceiving the victim company.

Ⅱ. The Defendant “2015 Highest 235.”