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(영문) 수원지방법원 성남지원 2014.04.23 2012고단1802
사기
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the fraud of No. 1 and No. 13 of the attached Table 13.

Reasons

Punishment of the crime

1. On November 22, 2011, the Defendant entered into a contract for a PVC joint construction with the victim F to the effect that the victim would pay part of the price for the construction when the victim would start the joint construction work with the victim in relation to the construction work of the H Research Institute in the Chungcheongnam-gun, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

However, the defendant did not have the intent or ability to pay the price to other subcontractors even if the victim completed the construction work, because the amount to be paid to other subcontractors has reached KRW 3.5 billion, and bank loans have already been in excess of the debt amount of KRW 2.3 billion.3 billion.

The Defendant entered into a contract with the victim for a PVC joint construction project equivalent to KRW 132 million in its job, and even after the victim completed construction work on February 17, 2012, the Defendant did not pay the victim the construction cost equivalent to the above amount and acquired the pecuniary profit equivalent to the above amount.

2. Around November 9, 2011, the Defendant entered into a contract with the victim I to install a water storage system of KRW 140 million at the site of new construction works at the H research institute in the Chungcheongnam-gun, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and the victim I at the E (main office) office located on the six floors of the D Building in Seongbuk-gu, Seongbuk-si.

However, in fact, from April 201, the Defendant paid to other subcontractors from around 4, 201, the construction cost to be paid to the Defendant reaches approximately KRW 4 billion. The bank loans have reached KRW 2 billion. The payment of the construction cost was made from the original office in the construction site and was urgent to pay the construction cost to other subcontractors who completed the construction work at another construction site. In addition, even if the Defendant paid the contractor the construction cost within 2 to 3 months after the completion of construction, it would have significantly deteriorated the company’s operation and financial standing to the extent that it would be delayed for 4 to 5 months.

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