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(영문) 대전지방법원 2018.07.19 2018고단690
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person operating a comprehensive construction business chain Company B, and the victim C is the representative of D Co., Ltd.

1. On November 15, 2016, the Defendant: (a) at the foregoing B office located in Seo-gu Daejeon, Seo-gu, Daejeon around November 15, 2016, ordered the Defendant to receive F from the Sung-gu Office; and (b) ordered the Defendant to subcontract the construction work.

The construction cost shall be KRW 891,00,000,000, and it shall not be reported by the field supervisor of the Seongdong-gu Office.

Therefore, it is expected to pay a gold without reporting a subcontract separately, and receive a gold from a neutical Gu office.

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

However, in fact, although there was no fact that the defendant made the above remarks, the defendant was unable to pay the money directly to the subcontractor, and the defendant was thought that he received the money from the Seongbuk-gu office and used it as the necessary funds for the repayment of the existing debt and other construction sites. At that time, B was liable to pay approximately KRW 1.5 billion to the financial institution and the individual, and it was found that the employee's wages were in business difficulties to the extent that it was difficult to pay the money properly, so even if subcontracted to the victim, the defendant did not have any intent or ability to pay the money for the construction.

Nevertheless, the defendant deceiving the victim as above and let the victim proceed with the above F Corporation from November 25, 2016 to June 22, 2017 and did not pay KRW 366,493,930 out of the construction cost, thereby acquiring property benefits equivalent to the above amount.

2. The Defendant, on April 28, 2017, by calls from the victim C at an unspecified place and provides money to the victim C for the use of the used machine. Accordingly, the Defendant would have to repay KRW 20 million after completion of construction if he/she lends money.

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

However, the defendant, like the statement in Paragraph 1, bears approximately KRW 1.5 billion.

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