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(영문) 수원지방법원 여주지원 2017.06.21 2017고단146
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to four months of imprisonment for a crime in the Sungnam support of Suwonwon, which was established on May 11, 2016, on October 28, 2016, and the said judgment became final and conclusive on October 28, 2016. On November 23, 2016, the Defendant was sentenced to eight months of imprisonment for a crime of fraud in the Sungnam support of Suwonwon, which was rendered on February 15, 2017.

[2] On February 1, 2015, the Defendant, while operating D Co., Ltd., concluded a construction contract for the construction of the Yeongdeungpo-gu Seoul Special Metropolitan City E Building with the Youngwon Trade Co., Ltd., and continued construction through subcontracting.

On October 19, 2015, the Defendant entered into the first subcontract with G Co., Ltd. and the said new construction works with the content of “the construction period from October 21, 2015 to November 30, 2015, the construction amount of KRW 26 million (additional tax), and the payment at the end of the following month after the end of each month,” and entered into a second subcontract with the content of “the construction period from December 01, 2015 to January 31, 2016,” which read “the payment at the end of the following month after the determination of the expiration of each month.”

However, in fact, even if the Defendant received a payment of the amount equivalent to KRW 1.44 billion as the construction price from the zero trade from around February 6, 2015 to January 8, 2016, the Defendant did not pay it to the subordinate company with the gold, but did not pay it as the gold, and the Defendant did not have any intent or ability to pay the construction price normally even if the victim performed the subcontracted work, because it was in excess of his/her obligation, such as making it hot at the periodical casino, including the company fund, and the victim did not pay it as the gold.

The Defendant did not fully pay KRW 51,868,582 for the construction cost, even though the victim performed subcontracted construction work by January 10, 2016.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Investigation report (Submission of the details of damage amount to G of a stock company);

1.Each.

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