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(영문) 부산지방법원 2018.07.13 2016고단3350
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On November 10, 2017, the Defendant was sentenced to one-year imprisonment for a crime of fraud in this court. On November 18, 2017, the above judgment became final and conclusive.

B Co., Ltd. (hereinafter referred to as “B”) mainly for the purpose of housing construction business, etc. was being awarded a subcontract for steel reinforced concrete construction works (hereinafter referred to as “construction works in this case”) from E and 4 parcels from D Co., Ltd. (hereinafter referred to as “D”), Jinju-si, E and 5 stories from D (hereinafter referred to as “D”). However, unlike the name of the representative, the Defendant has been operating B.

On July 23, 2014, the Defendant called an employee of the Victim F Co., Ltd. (hereinafter referred to as “victim”) at the instant construction site, and would make payments for ready-mixeds in cash to the Company in Korea on the part of the Defendant, who supplied ready-mixed at the instant construction site to the Defendant at the time of the instant construction site, after having set up three different floors at the scene of the instant construction site at the time of the instant construction site at the time of the Defendant.

“.......”

However, in fact, even if the financial resources of the panel are supplied by the injured company due to the lack of financial resources to the extent that it is impossible to pay the personnel expenses of the panel from the previous construction site, there was no intention or ability to pay the price in cash within the above period.

Nevertheless, the Defendant: (a) by deceiving the victimized company as above; and (b) during a period close to around three months from the same day to October 17, 2014 from the same day, the Defendant did not pay a total of 89,095,600 won, such as the list of crimes (attached Form) and did not pay the price, thereby obtaining pecuniary benefits equivalent to that amount.

Summary of Evidence

1. Part of the suspect examination protocol against the defendant;

1. Each protocol of statement with respect to G and H;

1. The current status of orders, the Director of the Customer, the electronic tax invoice, the standard subcontract contract for construction works, the investigation report (netly 11,18), and the monthly claim/receiving fees;

1. A previous conviction in judgment: an inquiry about criminal history;

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