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(영문) 창원지방법원 2018.05.25 2016고단976
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

On February 4, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Changwon District Court, and the judgment became final and conclusive on February 12, 2016.

[2016 Highest 976] The Defendant in the Defendant’s house located in Kimhae-si B around October 2014, in conversations with the victim C, and the victim was given a subcontract for construction amounting to KRW 4.1 billion among others.

At present, there is a amount of KRW 530,000,000,000, but the Corporation was suspended from seizure in the company (D) that supplied materials that did not pay KRW 180,000,000 for the material price.

Since there is KRW 100 million of cash deposit in a material business entity, if a bill of KRW 300 million is issued, the deposited amount will be immediately returned to the investment, and the seizure of gold will be carried out by using the deposited amount, and the investment principal shall be repaid three times, and the proceeds from the above construction site shall be distributed to 5:5.

“A false representation was made.”

However, in fact, around April 2014, the wastewater construction work in the remaining remaining amount of light was suspended due to the shortage of funds in E, a prime contractor, and the Defendant was not in progress with subcontracting, and at the time when the Defendant did not select the follow-up prime contractor in the construction site at the time when the Defendant made the victim’s speech, the Defendant did not have a license for construction of wastewater, and the Defendant did not have an ability to receive subcontracting the above construction work because there was no money prepared as construction cost, and the Defendant did not have an ability to receive the said construction work. Since the above amount of KRW 530 million was not paid by the Defendant, even if the Defendant received the bill from the injured party, there was no intent or ability to distribute the bill and the profits.

On October 24, 2014, the Defendant received 300 million won of electronic bills from the damaged party to the Busan Bank account (H) in the name of the Defendant in the Jongno-gu Seoul Metropolitan Government “G” located in Jongno-gu Seoul Metropolitan Government F.

This is the defendant.

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