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(영문) 춘천지방법원 2014.12.04 2014고단767

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is engaged in the business of producing and installing steel papers with the trade name “B,” was awarded a subcontract for the construction cost of KRW 159,500,000 for the steel-frame construction work among the installation works of military defense walls located in Gangwon-do, Gangwon-do, and for KRW 104,50,000 for the steel-gate construction work in the military unit located in the Gangwon-do, and for the steel-gate construction work located in the Gangwon-do, respectively.

On December 23, 2013, the Defendant called the victim D, who is the colorer, for the above B office located in Gangwon-gun, and concluded a contract with the victim, for a total of KRW 15,000,000 for construction cost as “the coloring work for the military defense wall located in Gangwon-gun, Gangwon-gun, and for the military unit protection wall located in Gangwon-gun, it would be KRW 6,50,000 for the construction cost, and KRW 8,500,000 for the construction cost.”

However, in fact, the Defendant received 60,825,00 won from Jinsung Construction (State) as advance payment, and used 40,000,000 won as material costs, etc. as advance payment, and the Defendant did not waive each of the above construction works as early as of January 2014, but did not have any special property registered as a credit bad, and under the name of the Defendant, there was no special property registered as of January 2012. On July 2013, 201, the Defendant did not have any intent or ability to pay the construction cost as agreed with the victim even if the Defendant had the victim do the above painting work.

As above, between December 23, 2013 and January 5, 2014, the Defendant deceptioned the victim and caused the victim to do so, and had the victim do the coloring work of the military defense wall in the military unit located in the Gangwon-do, Gangwon-do, the amount of which is equivalent to KRW 8,500,000, and the construction cost of KRW 6,500,000, respectively, and the total construction cost of KRW 15,00,000.