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(영문) 인천지방법원 2018.09.03 2018고단428
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant of "2018 Highest 428" is a person who engages in construction business in the position of the vice-chairperson of C Co., Ltd. (hereinafter referred to as "C");

The Defendant, through F, etc., from the victim E office located in Chuncheon-si, on August 2015, 2015, intends to give subcontract construction to G by entering into a contract for a main complex construction project located in Chuncheon-si.

It shall be paid immediately after receiving the advance payment that the project owner shall pay at the same time with the commencement of the construction by lending the necessary expenses of KRW 50 million.

“A false representation was made.”

However, in fact, the construction of a new construction of a primary complex building, such as an urban-type residential house, etc., on December 2, 2014 and six (6) lots of land C, which was awarded a contract on December 2, 2014, was received under the condition that C, a contracting party, obtained a PF loan and obtained a PF loan, and there was no possibility for the Defendant to obtain a loan due to the failure of C’s attempt to obtain the PF loan but due to the failure of C’s performance, the above construction contract was terminated. Therefore, even if borrowing money from the damaged party, the construction was commenced or there was no intention or ability to immediately repay the money.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) received each remittance of KRW 10 million on August 29, 2015 from the victim to the account under the name of the Defendant; and (c) KRW 40 million on August 31, 2015 from the victim.

Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won.

2. On May 26, 2017, the Defendant of the 2018 High Order 3196, the Defendant would allow the victim to construct a new factory in Chungcheongnam-gun L, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the 2017 upper end of the 2017 upper end of the 2017 upper end of the 201 upper end of the 201 upper end of the 201 upper end of the 201 upper end of the 2015 upper end

The Corporation will take place within one month.

‘False speech' was made.

However, in fact, M Co., Ltd. borrowed the above land as security for the purpose of securing construction cost, but it was impossible to repay it.

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