(영문) 서울동부지방법원 2013.04.15 2012고단2744

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(영문) 서울동부지방법원 2013.04.15 2012고단2744

사기

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A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

From March 2006, the Defendant operated the “C” company specializing in general interior works from around March 2006, and the registration of the business operator was revoked ex officio on July 2009 due to the delinquency in tax payment.

1. The Defendant, against the victim D, entered into a contract for the interior of G’s interior building 9th floor in Young-gu, Suwon-si, Suwon-si, and received advance payment of KRW 80 million around that time.

Around August 4, 2009, the Defendant concluded a subcontract with the victim D at the construction site of the above G G, and made a false statement to the effect that, during the same month, the inside partitions construction is intended to settle the construction cost of KRW 4.7 million at the end of the month.

However, from around July 2008, the Defendant imposed a fine for negligence of KRW 180 million on the National Tax Service from around July 2009 due to the delinquent taxes, and the wages of the employees employed in C were in arrears of KRW 8.7.6 million, and the Defendant did not own any capital due to the absence of any particular property registered in the Defendant’s name. In the event that the Defendant entered into a contract under the name of the Defendant, such as the above contract, and was used in the form of “defluence” by concluding the contract as stipulated in paragraph (2) at each site, and thus, the Defendant did not have any intent or ability to pay the construction cost in a normal manner, even if the construction work was delayed or paid to the victim, and thus, the Defendant did not have any intent or ability to pay the construction cost in a normal manner.

Accordingly, the Defendant, by deceiving the victim as above, had the victim perform the internal partitions according to the subcontract agreement and did not pay the construction cost of KRW 4.7 million, thereby acquiring property profits equivalent to the same amount.

2. The Defendant against the victim I is J and Seoul.

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