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(영문) 대전지방법원 천안지원 2012.11.02 2012고단922
사기등
Text

Defendants shall be punished by imprisonment for one year.

However, this judgment shall be given to Defendant B for a period of two years from the date of confirmation of this judgment.

Reasons

Punishment of the crime

[Criminal Power] Defendant A was sentenced to six months of imprisonment for a crime of fraud at the Incheon District Court on December 26, 2005, and was sentenced to six months of imprisonment for a crime of fraud at the Daejeon District Court on June 18, 2009 and two years of suspended execution, and was sentenced to eight times of imprisonment for a crime of fraud at the Daejeon District Court on June 18, 209.

Defendant

B On January 9, 2008, the Daejeon District Court was sentenced to 6 months of imprisonment for fraud or 1 year of suspended sentence, and on March 29, 2012, the Daejeon District Court was sentenced to 10 months of imprisonment for fraud or 2 years of suspended sentence, and on April 6, 2012, three persons of the same kind of force, such as those who are currently under suspended sentence, determined on April 6, 2012.

【Criminal Facts】

1. The Defendant B is the representative of the State D (State) and the Defendant A was a de facto marital person B and a de facto marital person, and the Defendants jointly operated the said company.

The Defendants had no property, and the liabilities are more than KRW 100,000, and the above companies can not pay wages for workers, and the delinquent tax amount was not more than KRW 3267,00,000.

Nevertheless, the Defendants concealed these circumstances and conspired to borrow money by deceiving the victim F, who became aware of the introduction of E around January 2009, as if they were capable of performing the construction works in the above D name. Around January 2009, the Defendants conspired to borrow money by deceiving as if they were capable of performing the construction works in the above D name.

On August 14, 2009, the Defendants concluded that “The Defendants would receive advance payment or the first progress payment if they lent construction funds to the victims when they received re-subcontracted construction of the HH logistics warehouse in the Gangnam-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Seoul Special Metropolitan City from the Sung-gun General Construction in Maho-gun, Gyeonggi-do.”

However, in fact, the Defendants did not have the ability to execute the above construction work equivalent to the construction cost of KRW 8.7 billion, and did not have concluded the above construction contract in full, and did not have any way to prepare funds for construction works, and they waive the construction work without any other means to repay the money. However, there is no other means to pay the money.

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