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(영문) 대구지방법원 2017.08.01 2016고단6665
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From October 2014, the Defendant worked as a director of (State)B, while serving as a director of the said (State) B, was in charge of work as a site warden of the said (State) in respect of the project for remodeling and extension of accommodation facilities in Gyeong-si, Chungcheongnam-si, Gyeong-si, and at the same time, determined the construction cost as KRW 495 million for the part of the said construction work, and had the construction work performed by directly receiving subcontracting from the said (State)B.

On February 2, 2015, the Defendant called “the Defendant would pay the price by the 10th day of the following month if the Defendant supplied human materials by leaving a phone to the victim E via D, a Defendant’s employee.”

However, the Defendant was at the time to pay KRW 100 to KRW 20 million without any particular property at the time. The Defendant was expected to receive the said Defendant’s direct subcontracting from KRW 1,64,00,00,00, and most of the construction cost received from the said Section B was able to provide the Defendant with the materials and construction work to the provider of the materials and construction work, and there was no particular means to pay the said price. However, under the circumstances where the Defendant did not have any other means to pay the said Section B from October 20, 2014 to January 16, 2015, received KRW 43,40,000 from the said Section B from February 11, 2015 to receive KRW 90,000,000 from February 11, 2015 to December 9, 2015, the Defendant had already received a large amount of KRW 350,500,000,00 from the said Section.

The Defendant, from February 10, 2015 to February 10, 2015, has been suffering from damage.

3. From November 201 to May 9, 2015, the period between October 1, 201 and the period between November 1, 2014 to May 1, 2015, the period of KRW 1 to 6,9,10 in the list of crimes in the annexed crime.

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