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(영문) 전주지방법원 2014.11.27 2014고단1136
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

"2014 Highest 1136"

1. On August 1, 2013, the Defendant issued a letter of intent to waive the management right of the E Company from July 1, 2013 to the victim F at the office of a limited liability company E (E) with the five floors of the D Building in the Dunsan-gu Seoul Special Metropolitan City (hereinafter referred to as “E”) (hereinafter referred to as “E”).

B. I would like to operate only in the future;

The management of progress payment for the company also decided that G himself/herself, but around October 2013 and around November 11, 201, he/she believed that the progress payment for each construction project will take several billion won, and he/she will be paid in lieu of the company's obligation to H.

The Corporation shall receive the payment for the completed construction works and shall pay the full payment of such money.

‘A false statement' was made.

However, in fact, E, which the Defendant operated, was expected to suspend the construction business license from the former mayor on the ground that the construction capital was impaired at the end of 2012, and there was no property in the name of the Defendant, and E, even before 2011, was accumulated, and even if the progress payment entered, it was required to preferentially pay personnel expenses, equipment costs, etc. related to the construction work. Thus, even if the victim subrogated for the above obligation to E, the Defendant did not have any intent or ability to pay it to the victim upon receiving the progress payment.

As above, the Defendant, by deceiving the victim, had the victim pay 10 million won to H’s account around August 26, 2013, and had the victim pay 20 million won to the same account around September 5, 2013, and exempted the victim from his liability.

In this respect, the defendant had taken advantage of property by deceiving others.

"2014 Highest 1344"

2. Around March 19, 2014, the Defendant drafted a written complaint against H at the E office located in Yansan-gu, Jeonju-si.

A written complaint was that “Defendant H, a party to the complaint, forged a letter of non-refluence in the name of E on February 2014, and applied for a payment order using the same.”

However, this paper will be prepared by G in fact.

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