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(영문) 의정부지방법원 고양지원 2017.05.18 2016고단754
사기
Text

Defendants shall be punished by imprisonment for one year and six months.

However, as to the Defendants for three years from the date of the final conclusion of this judgment, the said judgment is against the Defendants.

Reasons

Punishment of the crime

Defendant

B It is the president of the K Union implementing the “New Complex Construction Work” in the Goyang-gu Seoul Metropolitan City I and 36 lots, and Defendant C is the representative director of the M& corporation located in Seoyang-gu L 601, Seoyang-gu, Yangyang-si, and Defendant A is a person who performs the said new apartment construction work, and Defendant A is a representative director of the P&O, Co., Ltd., Ltd., which had been awarded a subcontract for the construction work of supplying main furniture and household appliances among the said new apartment construction work.

Defendant

A around July 15, 2013, around 15, 2013, concluded a housing supply contract with the main household at the scene of the said new construction at the victim Q Q office located on the eightth floor of Seocho-gu Seoul P building, and performed the housing construction by receiving the main household, etc. equivalent to KRW 311,909,091 from the victimized Company from the victimized Company from August 2013, but did not pay all the prices of the goods to the victimized Company. Ultimately, the victimized Company was unable to suspend the supply of more goods, and the Plaintiff and the contractor would not supply the main household any longer unless there is a guarantee from the Plaintiff and the contractor.

was made.

Accordingly, the Defendants are well aware of the fact that the above apartment house at the time did not pay the construction cost smoothly due to the large-scale unsold situation, and Defendant B and Defendant C were in progress with the intermediate payment loan from the lending financial company on the ground of a false seller, and Defendant A also knew of such fact that the construction cost should not be paid smoothly, such as entering into a contract with Defendant C to receive 40% of the construction cost as an apartment house with the knowledge of the fact that the construction cost would not be paid smoothly, and even if a part of the subcontracted construction cost was paid, the Defendants thought that he would first pay other obligations or the labor cost of the construction workers, so even if the damaged company received the main household, etc. from the victimized company, it is difficult to pay the normal price of goods. However, the above circumstances are concealed and the injured company will continue to perform the main construction work by deceiving the damaged company.

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