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(영문) 광주지방법원 2017.01.12 2016고단4158
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

On January 10, 2013, the Defendant was sentenced to imprisonment with prison labor for three years and a fine of three million won at the Seoul Eastern District Court for fraud, etc. and for the same year.

3. 8. The above judgment was finalized.

1. The Defendant related to the new construction works in Gyeongnam-si, a person who works as a representative director of Da and an employee in charge of the business of E, while engaging in construction business, or a person who actually contracted construction works, such as the crime of the above final judgment, and conducts a re-subcontract as if he were to enter into a subcontract again, and obtains money from constructors. The fact is that the new construction of new business facilities for five parcels, such as Gyeongnam-si F, which was awarded a contract under the name of E, is impossible to carry out real estate mortgage loan due to the failure to meet the qualification requirements of E, and thus, it is impossible to start construction works from December 2, 2010, and thus, the victim did not have any intention or ability to give a subcontract for the part of the construction works of machinery and equipment to C.

Nevertheless, on February 15, 2011, the Defendant was awarded a contract for new construction of business facilities to the victim C, who is the president of the corporation E in the city of Gyeongnam-gu.

In order to give a subcontract for the part of the machinery and equipment construction among the above construction works, the amount of money is changed under the name of first-hand expenses.

2. A person has been transferred 15 million won to a bank account in the name of the accused in the name of his/her mother, under the pretext of know-how around 18.

Accordingly, the defendant was given property by deceiving the victim.

2. As such, the Defendant related to the Construction of the H Hospital in Busan Northern-gu G was urged from the injured party to return the cost of know-how in a situation where it was impossible to give a subcontract even after receiving the cost of know-how from the injured party C, the fact is that the Construction of the H Hospital in Busan Northern-gu G was suspended on 2010 because it was not a loan of funds, and even jurisdiction is over the situation where the Construction of the H Hospital was suspended.

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