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(영문) 서울서부지방법원 2017.11.30 2015고단2397
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of Gangdong-gu Seoul Metropolitan Government C (hereinafter referred to as “C”) with B lending 3, 305 Dong 305.

On July 31, 2014, the Defendant received F works from the Korea Water Resources Corporation and the Human Resources Development Service of Korea (U.S.) from E, the representative of the victim D, which supplies transformers, at the above office around July 31, 2014. The Defendant would pay the price to the Corporation without a mold until August 17, 2014.

Recognizing the term “a letter of payment” was drawn up.

However, the Defendant, at the time, was delinquent in paying the amount of 50,000,000 won of wages and retirement allowances to employees, and there was no intention or ability to pay the amount on the fixed date even if the Defendant was supplied with a transformers from the Defendant on the ground of national tax delinquency and the seizure of claims equivalent to 50,000,000 won.

Nevertheless, on August 2, 2014, the Defendant: (a) by deceiving E as above, did not pay the amount equivalent to KRW 60,500,000 (including value added tax) with regard to the Korea Water Resources Corporation (including the value added tax); and (b) did not pay the same amount with regard to the construction work of the Human Resources Agency of Korea; and (c) did not pay the amount with a change of the amount equivalent to KRW 60,50,000 (including value added tax).

"2016 Highest 136"

1. On July 26, 2013, the Defendant committed a crime against G with respect to the victim G at the office located in Gangdong-gu Seoul Metropolitan Government Sungdong-dong, and through staff H, would immediately pay the cost of construction from the Seoul Metropolitan Government Seoul Metropolitan Government University Hospital upon receiving the payment of the cost of construction from the person in charge of G of the victim G via staff H.

“The purpose of “ was to make a false representation.”

However, on January 2013, the Defendant financed KRW 900,000,000 from a financial institution, etc. to C.

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