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(영문) 광주지방법원 2018.10.19 2017고단4783

사기

Text

Defendants shall be punished by imprisonment for eight months.

However, it is against the Defendants for two years from the date the judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A The A is a person who actually exercises the overall control over the project to develop a living and urban-type residential house in the ASEAN-si, F, G, H, and I, and an officetel, the defendant B, the person in charge of the project in the above construction site, and the victim J, while operating the K in the project site, supplying steel at the construction site.

Defendant

A, due to the shortage of funds necessary to carry out the above construction, it is difficult for Defendant B to pay KRW 10,000,000 for the construction cost for the part of the model cargo, and as a result, it is difficult to continue to carry out the above construction in the future, it was concluded with Defendant B, as if Defendant B purchased the steel in the construction site, that Defendant B was supplied with the steel seller, and then sold it in another place and raised funds to divide it.

Therefore, at the “M” sales office located in Chungcheongnam-si L in Chungcheongnam-si, Chungcheongnam-do, on September 10, 2014, the Defendants constructed apartment buildings for which construction has been suspended on the N in Chungcheongnam-gun, Chungcheongnam-do, and built urban-type residential housing to the victim, and to the O in Chungcheongnam-si, Chungcheongnam-do.

In this regard, there is a need to keep up for use in the above work.

I would like to give 75,000,000 won in the cost of steel delivery from October 30, 2014 to the date of the transfer of 100 tons of gold bars necessary for the construction to the credit.

In addition, I will allow one party to perform subcontracting works related to the construction of new urban-type residential housing.

As such, the purport of “the supply of 100 tons of steel bars necessary for the said construction work” was stated to the effect that “the supply of 100 tons.”

However, in fact, the Defendants thought that the said iron bars supplied by the injured party had been sold in another place, and then did not have the intent or ability to use the said iron bars at the above construction site, and the said Urban Residential Housing Construction Corporation was suspended from its financing.