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(영문) 창원지방법원 통영지원 2018.09.06 2018고단231

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant of "2018 Highest 231" was a person who was a actual operator of C (the representative director H) corporation (the corporation) located in Gyeong-si, Gyeong-si from January 23, 2014 to May 2016.

1. On April 28, 2015, the Defendant: (a) in the “K Office” located in the jurisdiction of Tong Young-si, Tong Young-si; (b) on May 8, 2015, the Defendant: (c) leased the instant Ltel M to the victim I under the condition that “from May 8, 2015 to May 7, 2017; (d) lease deposit of KRW 140 million; and (e) special conditions: (c) cancellation of the right to collateral security (N, maximum claim amount of KRW 132 million) set forth in the first priority order; and (d) cancellation of the said condition.”

However, in fact, the defendant, without any special fund, started to use the bonds as a result of the occurrence of damage in the process of receiving construction contracts from around 2014 when establishing C, and continued to use the bonds in order to compensate for the damage incurred therefrom, and continued to perform the construction works in order to compensate for the damage incurred therefrom after the end of April 2015. In the end, the financial shortage is accumulated and the situation of the shortage is accumulated, and the defendant escaped in the repayment of the bonds around May 2016. The defendant was able to use the money for the management expenses of the company, repayment of bonds, etc. received money from the injured party, and even if he was paid money from the injured party as a deposit, he did not have the intention or ability to use it

As such, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) 14 million won from a bank account (P) in the name of C Co., Ltd. on April 28, 2015; and (c) 30.96 million won from the same month; and (d) the same year.

5.8. 30 million won in total was remitted and acquired through money.

2. On September 2015, the Defendant’s fraud of the cost of the construction of goods by the construction work, would operate Q Q building in the early stage of September 2015, and R, the victim S S.