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(영문) 청주지방법원 2013.03.28 2012고합375

특정경제범죄가중처벌등에관한법률위반(사기)등

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

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

Reasons

Punishment of the crime

1. The Defendant, who holds a comprehensive construction license, has reached 60 million won, and paid 90 million won to the Construction Mutual Aid Association, 250 million won to the Credit Guarantee Fund, and paid 250 million won to the Korea Credit Guarantee Fund. On June 1, 2011, the Defendant returned its business registration to the National Tax Service and returned its construction business license on August 1, 201.

On June 7, 2011, the Defendant entered into a construction contract with the victim G at the F Licensed Real Estate Agent Office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, the victim and the victim owner to newly build a public announcement source on the H ground at the office of the F Licensed Real Estate Agent Office in Chungcheongnam-gu, Chungcheongnam-gu, the Defendant: (a) concluded a construction contract; (b) “150 million won as the contract deposit for the new construction of the public announcement source; (c) 150 million won as the contract deposit for the construction of the third floor; and (d) transferred the ownership of 318.5 square meters out of the above land equivalent to 363 million won as part of the construction cost; and (c) made a false statement that the Defendant will build one building on the six-story floor after completion of the construction cost of KRW 372 million as the construction cost.

However, in order to submit a report on the commencement of a building to the Cheongju Broadcasting, the competent administrative agency, the company that has registered the construction business, must report the construction business to the public. As such, since it has returned the business registration of D Co., Ltd. holding a comprehensive construction license, the new company that holds a comprehensive construction license again as the construction cost received from the victim is acquired, and the defendant also plans to construct the same building as the victim without any plan to raise funds on the land to be transferred ownership from the victim as the construction cost. However, pure construction cost required for the 1 Dong building is about 950 million won, and it is necessary to raise funds of KRW 1.9 billion to complete the 2 Dong building, and there was no intention or ability to complete the construction work even if

As above, the defendant deceivings the victim, and is subject to it from the victim under the name of the contract for construction work.