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(영문) 서울서부지방법원 2018.02.21 2017고단2179
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On August 10, 2001, the Defendant was awarded a contract with C for KRW 2,059,420,000 for the total construction cost of the construction of the Goyang-gu D Building in Gyeyang-gu Seoul Special Metropolitan City.

Although the Defendant had experience in interior interior interior interior interior construction, lack of ability to calculate and execute the construction cost due to lack of experience in the construction of a new building. When the construction cost is paid in installments from the above C, the Defendant deducted the amount equivalent to 10% of the construction cost from the said C under the pretext of overtime, and eventually, there was no intention or ability to pay the subcontractor the construction cost properly

Nevertheless, on November 8, 2001, the Defendant had the victim E, who is an electrical business operator, pay for the subcontracted construction cost of KRW 110 million as if he would pay it properly, and given a subcontract for electrical construction, the Defendant paid KRW 61 million to the victim E, and issued two promissory notes for KRW 49 million as if he did not pay it. However, the Defendant acquired property profits equivalent to KRW 49 million as if he did not pay it.

From that time until August 2002, the Defendant, as stated in the list of crimes in the attached Form, by deceiving eight victims, obtained pecuniary benefits equivalent to KRW 145,520,500 from that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the police statement related to G;

1. Application of a copy of each contract for construction works, a copy of each promissory note, a food account book, and a copy of a passbook;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. According to the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes [the defendant unilaterally proposed by the contractor and paid the construction cost, and did not pay the construction cost to the victims. However, according to the witness F's statement, the construction of this case is that C, etc., who is the manager of H church, has contracted to the new church, the church, etc., to the defendant.

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