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(영문) 서울북부지방법원 2015.08.12 2014고단578
사기
Text

Defendants shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

Defendant

A is a person who was the representative director of H corporation established for the purpose of reinforced concrete construction business, etc., and Defendant C is a former director of the above company, and Defendant B is a person who was engaged in business activities such as construction contracts of the above company.

On September 208, the Defendants conspired to borrow money from the victim I by borrowing money from the above company in the status that the above company did not have any particular asset and only 100 million won of the company's debt. The Defendants conspired to borrow money from the victim I for the construction project with little possibility of progress.

On September 11, 2008, the Defendants made a false statement to the effect that “In the event that construction of new buildings in Yeongdeungpo-gu Seoul Metropolitan Government, and construction of reinforced concrete is subcontracted on September 2, 2008 to the victims, the Defendants would be awarded a subcontract on September 2, 2008.” The Defendants borrowed KRW 3,000,000,000,000,000,000,000,000,000 won, were not commenced within October 10, 2008, the Defendants would immediately return the borrowed money.”

However, in fact, the construction work of the above K building was not carried out at all after the construction permission was granted on July 11, 2006, and Defendant B and Defendant C did not receive the construction payment from the owner on July 10, 2008. Since the contract of September 2, 2008 with the contents that H company subcontracted the above reinforced concrete construction work from L was prepared by the Defendants to borrow money from the victim, there was no possibility of starting the above construction work within October 10, 2008, and H company was unable to properly arrange for the construction work under the above debt only, so the Defendants did not have any intent or ability to return the borrowed money if the construction was not commenced within October 10, 208.

The Defendants deceiving the victim as such.

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