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(영문) 창원지방법원 2016.01.14 2014고단2246
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the representative director of D Co., Ltd. in the fourth floor of Kimhae-si, and was awarded a subcontract for “G factory site creation works in the F in Kimhae-si,” performed in around September 201.

On November 10, 2011, the Defendant subcontracted the amount equivalent to 610,000,000 won of the G factory site creation work in the Kimhae-si F, which is performed by the Company E in our company, to the victim H., and if he supplies reinforced soil materials to the above site, and if he executes the retaining wall construction work, he will first pay 20% of the price as the down payment from the z. gold coming from E, and pay the remainder within 30 days as the construction work is completed.

The phrase “ makes a false statement.”

However, the fact is that before the injured party entrusts the above D with the supply of the reinforced soil and the retaining wall construction, I supplied the reinforced soil, and the J performed the reinforcement construction, but the defendant paid 15 million won out of 93750,000,000 won as the construction price to be paid to I and J from E on October 20, 201 and suspended the supply of the said D company loans, supply of the said materials and construction by I and J using the payment of wages to the human parts at other construction sites. On December 20, 201, D did not receive the above construction price of 50,000,000 won, which was not paid to D on March 20, 2012, even if there was no intention or ability to receive the delivery of the retaining wall from the damaged party due to the difficulty in paying 20,000 won for the materials not paid to D on March 20, 2012.

The defendant deceiving the victim as above, from November 11, 201 to December 12, 2011, the victim was supplied with materials and services equivalent to 185,891,750 won in total, including the cost of materials and the cost of retaining wall construction, such as being supplied with reinforced soil materials at the construction site from November 11, 201 to being supplied with them and being constructed with retaining wall construction, but did not pay the said cost, thereby taking the above amount of pecuniary gains by fraud.

Summary of Evidence

1. Each of the witnesses H, L and M.

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