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(영문) 서울동부지방법원 2018.11.23 2018고단1137
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

1. The Defendant, around July 15, 2015, introduced the Defendant as a director of F Co., Ltd. at the Gangdong-gu Seoul Metropolitan Government building C and the victim B office operated by E in subparagraph (D) as the victim corporation. The Defendant was awarded a contract for the installation of a temporary office at the H I construction site in the Namyang-si Seoul Metropolitan City before performing the construction work.

Upon completion of the construction work, a false statement was made that the amount equivalent to KRW 73,700,000 should be paid.

However, at the time of the completion of the construction work, the Defendant had his mother registered as “K” business operator under the name of J, and had the victim company sub-subcontracted the construction work to the victim company under the name of F Co., Ltd. operated by the outside third village L, and had the victim company perform the construction work. When the construction work is paid from the original contractor upon completion of the construction work, the Defendant had the intent to use the payment for the Defendant’s personal obligation, etc.

Nevertheless, even though the Defendant deceiving E and caused the victim company to complete the installation work of a temporary office equivalent to KRW 73,700,000 for the construction work until September 9, 2015, the Defendant did not pay the said amount and acquired property profits equivalent to the said amount.

2. On October 10, 2015, the Defendant introduced the Defendant as a director of F Co., Ltd. at the victim M Co., Ltd.’s office operated by the N in Gyeonggi-si, Gyeonggi-si, and the victim M Co., Ltd., the Defendant entered into a subcontract for the installation of the F Co., Ltd. Q Q Q Q from the F G (State).

Upon completion of the construction work, a false statement was made that the amount equivalent to KRW 48,306,060 should be paid.

However, at the time, the defendant is his mother.

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