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(영문) 창원지방법원 2015.01.30 2014고단2781
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the vice president of a construction business chain B, who exercises overall control over the overall business affairs.

The Defendant is a person who, in the form of a subcontractor’s business, has entered into a contract with the victims for a subcontracted construction work, has received a subcontract from the original contractor, but has not paid the construction cost or paid only a part of the construction cost to the victims, who are subcontractors, in the form that they do not pay the remainder of construction cost.

Therefore, even if the victims were to work or borrow construction materials from the victims, the Defendant did not have the intention or ability to pay the construction cost or the materials rental fee properly.

1. Fraud against the victim C;

A. On January 15, 2013, the Defendant: (a) at the office at the premises of a complex construction site in Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant falsely told the victim C to pay construction costs and materials rent by calculating it as KRW 110,000,000 per square meter, on the face of the harmful construction works and concrete construction works; and (b) in this context, the victim did not have the construction work to reach an amount equivalent to KRW 57,500,000, and did not pay the construction cost.

B. On July 2013, the Defendant: (a) falsely stated that “The owner was awarded a subcontract for the E-Housing Construction Work in front of the Busan District E-Gun Health Center; and (b) the victim would receive rent and construction cost from the owner of the building in front of the Busan District Health Center; and (c) the victim did not pay the construction cost so that it would be 8.380,000 won.”

C. The Defendant makes a false statement to the victim at G G located in Busan Nam-gu, stating that “If the Defendant lends the basic construction work, the rent will be paid at the market price during the city,” and that is from the victim.

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