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(영문) 광주지방법원 2019.01.08 2017고단5401
사기
Text

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

Reasons

Punishment of the crime

The defendant is the actual operator of B(Representative C) corporation.

B Co., Ltd. will construct a new apartment house jointly with D(Representative Directors E), but it was comprehensively delegated by D to D with authority to undertake the overall construction work, such as decision-making of implementation work, disbursement of funds, and settlement of profits.

Around January 2016, B Co., Ltd. entered into a contract with F Co., Ltd. F (Representative K) as a contractor with respect to the construction of Hadong-dong-dong-dong-Jdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gun-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

On October 4, 2016, F Co., Ltd. entered into a subcontract with a victim N Co., Ltd. (O in the representative director) and a new apartment house construction project with the victim as a subcontractor, and with the cost of construction at KRW 557,560,00 (H Dong 395,620,000 Ldong 161,940,000). B Co., Ltd. entered into a subcontract with the victim as a subcontractor, and issued a direct payment agreement with the victim on the subcontract price.

F Co., Ltd. enters into a contract with the victim on February 9, 2017 that changes the subcontract amount related to the interior bath works from among Hdong new construction works into KRW 579,530,000, and the subcontract amount related to the interior bath works from among Ldong new construction works into KRW 213,50,000 (total amount of KRW 793,030,000), and each victim’s contract amount of KRW 80,000,000 on December 9, 2016 as the subcontract price, respectively.

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