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(영문) 서울중앙지방법원 2015.12.03 2015고합435
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is a person who has operated C Co., Ltd (hereinafter referred to as “C”) for the purpose of creative construction business, glass sale business, etc. (hereinafter referred to as “C,” and in all cases, the name of the Co., Ltd. is omitted from the second entry).

1. D Corporation related to the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) - The Defendant was awarded a subcontract for the part of the favorable construction in KRW 829,675,000 from Gyeongcheon-gun, Chungcheongnam-gun E around January 2, 201.

Around January 5, 2011, the Defendant prepared an application for advance payment guarantee to the effect that “the victim’s union will receive advance payment from SP and use it as free construction costs related to D” at the potential location of the Korea Advertising and Culture Center 7-11, Songpa-gu, Songpa-gu, Seoul (hereinafter “victim’s association”) around 8, 201, the Defendant received one letter of advance payment guarantee from the victim association, stating that “the victim union will use it as free construction costs related to D” and submitted it to G who is an employee of the said potential branch, and received KRW 525,679,000 from the Plaintiff association.”

However, even if the Defendant received advance payment of KRW 525,679,000 from Ss. Construction using the aforesaid advance payment guarantee amount in the amount of KRW 2 billion each month, the Defendant did not intend to use the advance payment at another construction site, and actually did not intend to use it at the D construction site, and actually did not use it at another construction site.

As such, the Defendant, by deceiving the victim association, had the victim association bear the guaranteed debt to the ZS Construction, thereby acquiring pecuniary profits equivalent to the above advance payment.

2. H work -.

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