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(영문) 수원지방법원 안산지원 2015.01.28 2013고단2383

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is a person who operated C Co., Ltd. (hereinafter referred to as “C”) for the purpose of landscaping construction business in Seocho-gu Seoul Metropolitan Government 201.

1. On October 31, 201, the Defendant: (a) stated that “C is responsible for the landscaping construction of the Seocho-gu Seoul apartment site; (b) from October 31, 201 to December 31, 201, the Defendant supplied the instant apartment site with play facilities equivalent to KRW 276,100,000 at the site of the apartment, and would pay the price in cash within one month after the completion of the supply thereof.”

However, at the time, the Defendant reached KRW 2.8 billion in operating debts due to continuous low-cost construction for the depression of landscaping, and even if he received progress payment from the original office, it would be difficult for the Defendant to pay employees’ benefits or taxes from time to time due to the circumstances that should be used more rapidly as the construction cost or the repayment of debt by the subordinate office, and there was no particular property. Since the claim was impossible to recover, there was no intention or ability to pay the above amount by the agreed time even if he received the above play facilities.

The Defendant, from October 31, 201 to November 29, 201, supplied the victim company with play facilities equivalent to KRW 276,100,000 at the above apartment construction site from October 31, 201 to November 29, 201, and fraudulently acquired them.

2. Fraud to victims E;

A. On November 201, 201, the Defendant told the victim E engaged in the landscaping business to the effect that “C will undertake the above apartment landscaping construction work, and if he supplies 34 pine trees at the construction site, he would receive progress payment from the contractor around December 2011 and pay 90,000,000 won in lump sum.”

However, the Defendant, as in the preceding paragraph, is standing trees from the victim.