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(영문) 창원지방법원 통영지원 2014.12.04 2014고합23
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The defendant is a person who has actually managed C (the representative director D in the register) and E (the representative director F in the register) a comprehensive building company, a housing construction company, respectively.

1. Around September 30, 2008, the Defendant: (a) constructed a main complex of “H” in Tong-si, Tong-si; and (b) had the said E employee I, who is aware of the circumstances, said E employee I said that “on the part of the owner of construction materials, would make payment by the end of the following month.”

However, at the time of fact, the defendant, C, and E did not have any particular revenue source, and they did not have any intent or ability to pay the price in time even if they were supplied with materials from the victim due to the situation in which the 21,00,000 won or more of the monthly interest is spent.

As above, the Defendant, by deceiving the victim as above, was supplied with building materials, such as mershion equivalent to the total market value of 3,021,300 won on the same day from the victim.

In addition, from that time to April 30, 2009, the Defendant received materials equivalent to KRW 16,330,875 in total on eight occasions, such as the attached list 1, as shown in attached Table 1.

2. Around April 1, 2011, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the victim that “The Defendant borrowed the construction cost to newly construct the apartment house in the Si-Seoul High-gun M. Around April 1, 201, the Defendant borrowed the 1st floor of the said apartment house from the victim to the victim. The Defendant also made a false statement to the victim that “I would pay the 10% interest each year during the completion of the said house.”

However, at the time of fact, the PF loans of FF loans of FF community credit cooperatives at the time of macro-si was not fixed, and it was final in April 201, and around that time, the defendant and C's new FF credit cooperatives and others.

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