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(영문) 서울중앙지방법원 2013.10.07 2013고단4679
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is a representative director of E Co., Ltd., Ltd., Ltd., D, who operates the above E.

From May 4, 2011, the Defendant: (a) performed a miscellaneous construction work at the construction site of F apartment units in the Nam-ju city, which was performed by the JAC Co., Ltd.; and (b) performed the construction work at the construction site after receiving a subcontract and being supplied with the construction materials from the victims listed in the attached list of crimes; and (c) agreed to pay the goods and the construction cost after four months.

However, the Defendant did not have any intent or ability to pay the goods and the construction cost properly even if he received construction materials or received construction services from the victims, because the accumulated amount of KRW 1 billion in the first half of 2012 was less than KRW 1.4 billion and there was an economic difficulty, such as that the Defendant paid interest on KRW 12 billion borrowed individually by the Defendant and KRW 200 million in the name of the Defendant.

Nevertheless, the Defendant made a false statement to the victim H who operates G around February 2012 to the effect that “if a door is produced and supplied, the price shall be paid if the door is produced and supplied.” This year from February 26, 2012 from the above H to February 26, 2012.

3. Until December 24, 22,528,000, the fire doors equivalent to KRW 22,528,00 were supplied, but the prices were not paid.

In addition, the Defendant did not pay the construction materials and construction services equivalent to the total amount of KRW 2,18,902,582 in 99 times in total, such as the statement in the list of crimes in the attached list of crimes, and acquired property benefits equivalent to the same amount because the Defendant did not pay the construction materials and construction services.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of Acts and subordinate statutes to filing a complaint, each business registration certificate, and list of rehabilitation creditors, E list of claims, and investigation report (Attachment to the list of claims);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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