beta
(영문) 의정부지방법원 2021.01.13 2020고단5964

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was operating the “C” in South-Pacific City B.

The Defendant, at around November 6, 2018, at the “F office” office of the victim E’s E operation located in Yongju City around November 6, 2018, ordered the victim’s agent G to perform construction works for construction of the I Building of the Agricultural Partnership Corporation in H at the time the victim’s agent G, who is in charge of the construction cost of KRW 85 million.

“A subcontract for the said construction work was entered into with the victim by making a false statement.”

However, at the time of fact, from around 2015, the Defendant did not pay taxes equivalent to KRW 180,000,000 due to the difficulties in the management of the company and did not pay the personnel expenses of the employees. The payment of the construction expenses received from the victimized party was used for the expenses of the attorney-at-law in civil procedure or for the repayment of obligations arising from other construction works, and there was no intention or ability to execute subcontracted construction works even if the injured party is paid the construction expenses.

Around October 31, 2018, the Defendant: (a) deceiving the victim; (b) requested the victim to make a down payment prior to entering into a contract; and (c) transferred KRW 5,000,000 to the K Union account (L) in the name of the Defendant’s wife on or around October 31, 2018; and (d) transferred KRW 20,000,000 each to the same account on or around September 9 and around November 14 of the same year; (b) obtained KRW 45,00,000 in total on three occasions, such as receiving KRW 20,000 from the same account; and (c) obtained the victim’s credit card to pay KRW 10,00,00,000 with the Defendant’s construction material, the customer of the Defendant’s construction material, on or around November 20 of the same year; and (d) transferred the victim’s total of KRW 5,00,000 to the Defendant’s trading account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police in relation to G;

1. A complaint;

1. Contracts, on-site photographs, drawings, and details of each entry and withdrawal transaction (50 million won), respectively.