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(영문) 서울북부지방법원 2017.08.11 2017고단1005
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[Criminal record] On October 19, 201, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Suwon Friwon, and the above judgment became final and conclusive on December 16, 201.

[Criminal facts] The Defendant is a person who operates a stock company C and has engaged in a construction business, such as indoor interior interior decoration.

1. On October 26, 2008, the Defendant related to the Japanese Electric Construction Co., Ltd. shall pay the construction cost immediately after the completion of the construction work to the victim G, a representative director of F Co., Ltd., a electrical construction company, at the D exhibition site located in Seo-gu, Seo-gu, Busan, Seo-gu, Busan, Seo-gu., Seoyang-si.

“A false statement” was made.

However, in fact, the defendant extended loans equivalent to KRW 200,000 on February 2, 2008 by acquiring and operating the apartment house under the name of the wife and borrowed approximately KRW 100,000,000 from the branch of the company due to the lack of funds for the management of the company. However, the company's profits are low, and at the time the company's profits are offered as collateral for the commercial building under the name of the defendant, and there was no intention or ability to pay the construction price as promised even if the victim made a subcontract for the above electrical construction, because it is directed to pressure on the repayment of the debt equivalent to KRW 340,00,000 and about KRW 150,000,000 for other construction companies.

The Defendant, by deceiving the victim, had the victim perform electrical construction from that time until November 1, 2008, and did not pay 39,490,000 won to the H exhibition site, thereby acquiring property profits equivalent to the same amount.

2. On April 15, 2009, the Defendant would pay the construction cost after the completion of the domination to the victim G, within the boundary of the K Gyeong-si, J on April 15, 2009.

“A false statement” was made.

However, the fact is that the construction cost is properly paid even if the victim subcontracted the above construction work to the victim, such as the above paragraph 1.

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