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(영문) 대구지방법원 의성지원 2017.04.27 2017고단28
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment with prison labor from the Suwon District Court on March 18, 2016, and such judgment became final and conclusive on March 26, 2016.

[Criminal facts]

1. On May 2013, the Defendant was awarded a subcontract for the part, etc. of the F plant extension work in Chungcheong-gun E (hereinafter “instant construction work”) from Chungcheong-gun Co., Ltd. (hereinafter “D”).

On May 2, 2013, the Defendant supplied the victim C, who is a material supplier at a construction site located in Pyeongtaek-si G, with approximately KRW 40 million at the construction site in Pyeongtaek-si. The Defendant supplied the victim C, who is a material supplier at the construction site in Pyeongtaek-si, with the cost of construction equivalent to KRW 40 million at the inside price.

On the face of issuing a false tax invoice, it would be able to deposit KRW 40 million by submitting it to D.

Accordingly, the Defendant received the false tax invoice from the injured party and submitted it to D, and received the remittance of KRW 40 million from the victim's account in the name of the victim from the person in charge of D who may know of the fact, and again, would have repaid the amount of KRW 40 million to the victim one month after lending it to the victim.

“The phrase “ was false.”

However, the Defendant did not receive the payment from D, and D could refund the amount of KRW 40 million erroneously paid from the injured party, and even if the Defendant borrowed the money from the injured party due to the excess of the obligation at the time, the Defendant did not have any intent or ability to repay the money.

Nevertheless, the Defendant received money from the injured party on June 13, 2013, KRW 30 million, and KRW 10 million on June 17, 2013 from the Defendant to the new bank account (H) with the name of the Defendant.

2. On May 2013, the Defendant, as described in paragraph (1) around 1, 2013, committed fraud with respect to the victim D, at the time of entering into a subcontract with the victim D for the construction of steel reinforced concrete construction works during the F plant extension works, with intent to charge for false construction machinery rental costs.

The defendant is based on I, who is a human being.

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