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(영문) 대구지방법원 2015.04.10 2014고단5721
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant, as the representative director of C, entered into a subcontract with the tax industry development corporation, the trial corporation, and the third party for the damage and the tax industry development with respect to the interior interior interior interior interior interior interior of the Fel and Gtel construction in the Gyeongbuk-si, the owner of the building, the defendant agreed that the defendant would be directly paid the royalties from the victim and the third party for the detailed industry development, and the defendant received a promissory note and a bill authentic deed equivalent to KRW 1.1 billion at face value.

On July 16, 2013, when the contract for construction between the victim and the tax industry development was terminated, the defendant agreed that the notarial deed of the above bill is invalid at the victim's request on August 16, 2013, and did not do all legal acts based thereon, and prepared a statement of confirmation of invalidity of the contents as above to the victim.

After that, the Defendant stated in the indictment for the Initial Construction Co., Ltd. in the foregoing new construction business chain, but it appears that it was a clerical error in the “Initial Construction Co., Ltd.”

(Evidence Records 105 pages) The indictment in which construction cost is KRW 8.3 billion is stated in the indictment regarding the above internal interior interior interior interior interior interior, but this seems to be a clerical error in the “8.3 billion won”

(Evidence No. 105-108 pages) while entering into a subcontract again and carrying out approximately KRW 80% of the construction cost, the indictment in which the construction cost is KRW 83 billion from the Seocho Construction around April 2014 is stated as “8 billion,” but as seen in Section 2 of the above Note, it appears that it is a clerical error of “83 billion,” as seen in Section 2.

With the receipt of only KRW 415 million among them, the said subcontract was terminated and the construction was suspended.

The defendant agreed with the victim to invalidate the notarial deed of bills and bills, and the price for the construction which has not been paid shall be 250,000,000 won, which is considerably less than 1.1 billion won at face value of bills.

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