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(영문) 광주지방법원 목포지원 2019.05.03 2019고단161
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Since the early 2000s, the Defendant, while establishing C and operating a construction business, was in arrears with taxes due to business difficulties, extended from around 2009 to another person the name of the business operator and the name of the financial account, registered the business in the name of another person, such as D, E, etc., and continued the construction business using the borrowed business account.

1. On April 22, 2010, the victim F counterpart fraud Defendant entered into a construction contract with the victim F at H’s home located in Pyeongtaek-gun G G G G G-gun, Chungcheongnam-nam, stating, “The total construction cost shall be determined as KRW 78 million, and at the time of advance payment, KRW 50 million as the down payment shall be ordered to execute a new construction work.” On April 20, 2010 to June 30, 2010 to June 30, 2010, the construction period was determined as KRW 78 million as the total construction cost, KRW 50 million as the down payment, and entered into a construction contract with the victim’s new construction of a letter on the land owned by the victim, Y-gun, Chungcheongnam-gun, Seoul Special Metropolitan City.

However, the defendant did not receive KRW 400,000,000 for an entertainment drinking house construction work in 2009, and there was a monetary obligation including material price liability around that time, and even if he received construction payment from the victim due to the accumulated deficit in 2010, even if he was unable to manage the company, he was able to use it as repayment of the obligation related to other supply and demand works, and there was no intention or ability to newly construct a letter as agreed.

On April 22, 2010, the Defendant deceivings the victim as such, and received 50 million won from the J bank account (K) in the name of the Defendant as the contract deposit for construction works.

2. On September 25, 2010, the victim L. L. the other party L. said that “the victim L.W. shall determine the total construction cost of KRW 122,00,000,000 which is the intermediate payment, and shall execute a new construction work upon the advance payment,” and the total construction cost of KRW 60,000,000,000,000 which is the down payment from September 25, 2010 to December 30, 2010 shall be KRW 10,000.

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