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(영문) 인천지방법원 2020.06.17 2019고단3291
사기
Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

B is the actual operator of C Co., Ltd. D (hereinafter referred to as "D"), and Defendant A is the representative director of the above D's name.

On July 19, 2017, the Defendants concluded a contract with the victim company for the supply of household materials, such as the main household, in relation to the "G apartment construction project" located in the Gyeong-gun, Gangwon-do, which was contracted by the victim company E (hereinafter "victim company"), from among the new construction project of the apartment site located in the Gyeong-gun, the victim company agreed to supply household materials equivalent to 1.513 billion won at the above construction site. However, the aforementioned construction site did not provide the necessary goods at once. However, the Defendants failed to pay the goods to H, etc. (hereinafter "the subcontract company of this case"), which is the trading company that provided the subcontract for the supply of household materials at the above construction site at the above construction site. Moreover, the above D did not pay the overdue amount of KRW 2 billion to other trading companies unrelated to the above apartment site, and did not pay the overdue amount of KRW 1.6 billion to employees in arrears and to the victim company for the purpose of paying the overdue amount of KRW 600,000.

On October 23, 2017, the Defendants called to I, the representative of the victim company, and supplied the goods to H, a trading company that subcontracted to supply goods at the G construction site in D, with the amount of KRW 125 million, KRW 75 million to J, and KRW 50 million, KRW 50 million to other companies. In case where the Defendants sent the progress payment to D from E (victim company), they made a false statement to the effect that “The said trading company will pay the price for the goods and supply the goods to E.”

However, the Defendants are true.

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