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(영문) 대구지방법원 영덕지원 2018.08.22 2018고단47
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant is the representative director of the Company B (hereinafter “instant Company”) that is a corporation established for the purpose of restaurant business, lodging business, etc., and C is the adviser of the instant Company.

The Defendant and C, while operating the instant company from around December 1, 2014, provided meals to the members of the E Construction Corporation from around 1, 2014 to the G G G Co., Ltd., the Defendant and C entered into a contract for the supply of food materials (hereinafter “instant food supply contract”) with the victim F G Co., Ltd., which operated the instant company, while constructing a restaurant (a total expected cost of KRW 900 million, such as a restaurant and a kitchen facility), and there is no significant means to use funds held by the construction corporation around January 2015 when approximately 40% of the cost of the construction is ongoing, and to prepare additional cost of KRW 500,00,00.

Accordingly, the Defendant and C, through the resolution of the shareholders, will use the deposit (in preparation for delay in the supply of food materials, a security deposit in the nature of securing damage caused by the supply of food from another company) from the damaged person through the instant food supply contract as construction cost, and C will enter into the instant food supply contract at the first floor office around January 27, 2015, and the victim will be able to operate the restaurant after completion of the restaurant construction around March 2015.

If a contract is made with a security deposit, it will cause the food materials to be supplied exclusively to the restaurant, and the security deposit will be kept for the security in preparation for the defect of food materials and the delay in delivery.

“A false statement was made to the effect that it was “.”

However, the Defendant and C did not have a clear way to prepare the construction cost of the restaurant building as above, and therefore, it was not possible to operate the restaurant from March 2015, and the money that the injured party pays as security deposit is promptly used to cover the insufficient construction cost.

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