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(영문) 수원지방법원 성남지원 2018.06.07 2017고합152
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On May 9, 2016, the Defendant was sentenced to three years of imprisonment with prison labor and four years of suspended execution due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) at the Seoul Central District Court on the Aggravated Punishment, etc. of Specific Economic Crimes, and the judgment was finalized on April 13,

On February 4, 2015, the Defendant acquired D Co., Ltd. (hereinafter “D”) with B and C, and on February 4, 2015, the Defendant appointed a representative director and performed his/her duties.

D On February 11, 2015, E Co., Ltd. (hereinafter referred to as “E”) and D entered into a contract for construction works to receive 16.5 billion won (including value added tax) for remodeling of E C Charnel in Gyeonggi-gun F from E, and entered into a physical payment contract in lieu of the payment of 20,000 won (including value added tax) for the same day.

Therefore, D should carry out remodeling construction by directly raising funds, and at the time, D has already been under suspension of financial transactions on April 2015 with the burden of debt amounting to approximately KRW 1 billion, such as overdue wages, unpaid construction costs, and unpaid loans, and there was no financial institution to provide loans as collateral because it has not been able to provide loans as collateral.

On September 2015, the Defendant is in the state of receiving orders for remodeling of the E Charnel Houses from H, which is operating a victim G Co., Ltd. (hereinafter “victim Co., Ltd.”) in the office of the early police officer (hereinafter “victim Co., Ltd.”).

Part of the construction work shall be subcontracted for KRW 7.7 billion.

Profit will be about 20%.

Currently, since the company's operating fund is insufficient, 50 million won will be repaid until March 31, 2016.

On October 1, 2015, the scheduled date for the commencement of subcontracted construction works, the advance payment of construction cost of KRW 2.3 billion will be paid in cash.

As a security, the E/L remittance was received from the victimized company to the account under the name of the Defendant on September 11, 2015, and the total amount of KRW 500 million on September 14, 2015.

The defendant around September 15, 2015 to H through I, a branch in D office around September 15, 2015.

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