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(영문) 광주지방법원 2016.04.20 2015고단5236
사기등
Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a director of the FF Co., Ltd., the contractor of the “E New Construction Corporation” in Gwangju Mine-gu.

1. Fraud;

A. On March 21, 2013, the Defendant against the victim G calls for the joint and several surety of the victim G, which is implemented by the victim G, who substantially operates the private business chain that leases snow equipment, such as water pumps, to the representative director I, a private person who subcontracted the said new construction work, and upon receiving a request for the joint and several surety from the victim G that actually operates the private business chain, the Defendant is a director of the K K Co., Ltd., with the words “A director of the K K Co., Ltd.”).

In the event that the construction is not possible to pay rent and the cost of loss of materials by the P, the K will bear the rent and the cost of loss.

A false statement is made to the effect that K Co., Ltd. will receive joint and several sureties, and the lease contract and construction of temporary equipment for the same purpose are prepared by a specific consultation letter, and K Co., Ltd and L were written in the column of joint and several guarantors, and the corporate seal impression was affixed thereon.

I have leased temporary construction machinery, such as the foregoing relics, from the above G to the construction site, and I had the above I acquire the profit of property equivalent to the rent of KRW 1,921,00.

However, in fact, the defendant did not have the intention or ability to pay the rent even if he received the temporary construction machinery from the above G, because he was not a K director.

Accordingly, the Defendant, by December 10, 2013, had the said G by deceiving the said G, such as the list of crimes in attached Table 1, and had the said I acquire property benefits equivalent to KRW 255,473,855 in total of the rent and the cost of destroying the temporary construction machinery.

B. On May 2, 2013, the Defendant against the victim M is taking effect by the victim M who operates N in a private business chain that sells building wood materials to the representative director I, a private person who subcontracted the said new construction work, at the same place as the above paragraph (a).

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