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(영문) 청주지방법원 2015.11.05 2015고합77
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Of the facts charged in the instant case, embezzlement against the victim C and the victim.

Reasons

Punishment of the crime

On September 19, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution at the Cheongju District Court for fraud, and the judgment became final and conclusive on September 27, 2014.

"2015, 77"

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim C was a person who performs the work of windows, new production, supply, etc. in the name of E, F, etc., in the form of H and H operated by G from October 2013 to H, new production, supply, etc. The victim C is a person who conducts electricity, information and communications, and fire-fighting work business in the name of “stock company I”.

On November 2013, J Co., Ltd. (hereinafter referred to as the “J”) received a successful bid in KRW 1,230,654,900 for the construction cost of the instant construction work (hereinafter referred to as “instant construction”) from the Korea Land and Housing Corporation (hereinafter referred to as “Korea Land and Housing Corporation”) and ordered the Defendant to re-subcontract the instant construction work in KRW 1 billion for the construction cost.

On the other hand, the Defendant received a re-subcontract as above, but prior to the operation of E, F, etc., up to one billion won of the unpaid material costs, bonds, etc. for other construction sites, and even if borrowing material costs for the instant construction in order to carry out the instant construction project, in an urgent situation at the time of repayment of other obligations, he/she received money from other persons via L, which is the seat of G and G, as if having given a lot of introduction costs and interests.

Around November 2013, the Defendant made a false statement that “K Corporation may receive a sub-subcontract, but the amount of KRW 600 million is insufficient,” the Defendant would pay KRW 90 million at the introduction cost after the completion of the construction, and would pay KRW 690 million to the invested company, including the principal, to the investing company,” at the H office located in Seo-gu Seoul Metropolitan City as of November 201, 201, and the Defendant would receive a re-subcontract at the I office located in Gwangju Metropolitan City as of November 201, 2013, the Defendant would receive a re-subcontract of the amount of KRW 1.2 billion, which was ordered by the Defendant from the Korea Land Corporation.

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