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(영문) 청주지방법원 2016.11.29 2016고단809
사기
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the Vice Governor of the FF Co., Ltd., and the defendant B is employed by the FF Co., Ltd., and a person who has performed duties in the construction site of Pyeongtaek-si G Building

around June 2014, the Defendants: (a) were unable to perform the construction work in the building based on the said G building; (b) were unable to receive notice from the owner of the scheduled termination of the contract; (c) were able to resolve the premium due to credit loan from Defendant A; and (d) Defendant B, upon receipt of Defendant A’s order on August 6, 2014, concluded a contract by adding approximately KRW 2.8 billion to E and I of the “new construction works of Pyeongtaek-si” among the “new construction works of Pyeongtaek-si” to KRW 2.8 billion from the “construction works of Pyeongtaek-si” among the “construction works of the new construction works of the new construction of the new construction of the new construction of the new building of the new building of Pyeongtaek-si”; and (c) was given a guarantee to J as security; and (d) was paid KRW 80 million from J as concrete material costs to the above loan amount to KRW 200 million.

However, in fact, the Defendants were proceeding with 4.3 billion won construction without preparing the construction cost at all. The Defendants concluded a contract with the owner of the said G building to deposit KRW 500 million in cash and carry out the construction work, but failed to deposit the said 500 million subsidy, and thus the supply of ready-mixed is suspended, and at the same time, the said construction was suspended and the notification of the scheduled termination of the contract was made from the owner of the said G building. Thus, even if the Defendants borrowed KRW 80 million from the victim, they did not have any intent or ability to compel the victim to carry out the said construction, electrical and equipment works, and finishing works.

The Defendants conspired in collusion with and by deceiving the above E and I, and received 80 million won as borrowed money from the above E and I on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Part against Defendant A.

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