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(영문) 창원지방법원 마산지원 2019.01.22 2017고단1191
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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

Reasons

Criminal facts

[criminal power] On April 26, 2016, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution for fraud in the Changwon District Court Branch Branch Branch, and the judgment became final and conclusive on May 4, 2016. On April 20, 2016, the Daejeon District Court sentenced 8 months of imprisonment with prison labor and two years of suspended execution to be fraud, which became final and conclusive on December 9, 2016, and on February 21, 2018, the judgment became final and conclusive on March 1, 2018.

【Criminal Facts】

In October 2014, the Defendant made a false statement to the effect that “A victim B is performing D construction works in a stock company C” to the effect that “A corporation is the head of the headquarters of C, and as a result, it is possible to reduce subcontracted construction works, the amount of KRW 30 million is changed.”

However, in fact, the progress of D Corporation was unclear, and the defendant did not have the intention or ability to execute subcontracting works to the victim because he did not have been delegated by C with the authority to conclude subcontracting contracts.

Around November 3, 2014, the Defendant, by deceiving the victim as above, obtained 30 million won as a performance guarantee for construction work from the victim and acquired it by deception.

Around February 12, 2014, the Defendant made a false statement to the victim F at the site of the new construction of the E-family housing in Chungcheongnam-gun, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, stating that “The victim F will pay the price in lump sum until March 2014, by supplying the 181 tons of steel bars at the end of March 2014.”

However, in fact, the Defendant was running the new construction of the above apartment house with the loan, and was able to receive progress payment from the owner of the construction. However, the Defendant was not a constructor of general construction and was not able to receive the first progress payment from the owner of the construction, and the Defendant was also insufficient to pay the funds to be invested by the Defendant in the early stage of construction before receiving the first progress payment.

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