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(영문) 부산지방법원 2018.05.25 2017고단5420
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is “H Co., Ltd.” in the name of the Defendant from around 2005 to (G). However, according to the evidence examined by this court, it is clear in the foregoing clerical error, and it does not seem to interfere with the Defendant’s exercise of the right to defense by recognizing it as the same without any changes in the indictment.

(hereinafter “H”) was actually established, and H was ex officio closed by the National Tax Service on November 24, 2016.

On the other hand, H, which the Defendant actually operated, sub-subcontracted to the Victim F (hereinafter “F”) on June 2015 after receiving a subcontract for the part of the J (hereinafter “J”) from the Y (hereinafter “I”), which was ordered by the Y (hereinafter “J”) of the Y (hereinafter “F”), to re-subcontract 3, 4, 1800 meters of the 1,800 meters of the implementation work, while the Defendant re-subcontracted to the Victim F (hereinafter “F”). However, on the end of December 2015, even if the victim completed the first construction work, the amount of KRW 84,00,000 of the first construction work was not paid.

Around February 2016, H, in fact operated by the Defendant, should start up construction works for suppression of 1,650 meters from the TJ among the 5th J works in the area of J, and the 1,650 meters from the implementation works, and through East L, a person in charge of H field, H, a person in charge of H, would pay the victim the first and the second construction costs to the Defendant, as the Defendant would receive additional 1,650 meters from the first construction in the area of J (hereinafter referred to as the “second construction works”), if he/she would cause the first and second construction works in the area of J.

“.” The purport was “.

However, in fact, the Defendant has already assumed the obligation to prevent the return from being performed since February 2015, which was four months prior to the commencement of the first construction, while managing the company’s funds in the form of “returning” that is used for the repayment of urgent debt, such as gold, etc. arising in the course of running several construction sites.

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