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(영문) 대전지방법원 2013.08.23 2012고단3673
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 7,000,000 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

The Defendant is the representative director of the Daejeon Seo-gu E Co., Ltd. (hereinafter referred to as the “E”) located in Daejeon (hereinafter referred to as the “E”) that mainly carries out the installation of fire-fighting pipes and heating and cooling facilities of new buildings, such as apartment buildings or factories.

At the time of the IMF incident in 1997, the Defendant aggravated the financial situation of the above company due to the failure to receive KRW 1 billion for the construction cost due to the failure of F and G companies, a partner, and due to the failure to pay the construction cost at H in 2004, the damages of KRW 400 million in the process of the construction of the IM new apartment site constructed at H in 2004, the damages of KRW 100 million in the process of the K Apartment construction of J in 2007, the damages of KRW 350 million in the process of the 2008 K Apartment construction, and the damages of KRW 350 million in the process of not receiving the outstanding amount for the construction cost from L in 208, and the above company’s financial situation has become worse more and more worse, and most of the funds necessary for the operation of the company are dependent on most of the company.

Accordingly, around the end of 2010, the debt under the name of E and the Defendant, the Defendant’s personal, and the Defendant’s wife was over KRW 2.2 billion, and around KRW 30 million was paid monthly interest as to the debt, and it was faced with the situation in which the company’s employees were unable to pay the company’s wages or retirement allowances.

As above, the Defendant had to use each construction work performed in E to pay the interest on loans, such as bonds, even if it is paid by the contractor for each construction work, due to the aggravation of the financial situation of each company and the accumulation of excessive liabilities. Thus, the Defendant did not have the ability to pay the price normally even if the materials and detailed process necessary for each construction work are supplied or installed by the customer.

[2012 Highest 3673] Nevertheless, the Defendant operates M, which is a fire-fighting machine installation company, from April 4, 201 to August 18 of the same month.

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