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(영문) 창원지방법원 2013.07.03 2012고단2864
사기
Text

Defendants shall be punished by imprisonment for not more than two months.

However, with respect to Defendant A, it shall be for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On November 15, 2012, Defendants filed an appeal with the Changwon District Court for the crime of coercion, etc., Defendant A’s imprisonment with prison labor for four months and Defendant B’s imprisonment for eight months, respectively. However, on March 14, 2013, the Supreme Court sentenced the dismissal of appeal to the Supreme Court, which became final and conclusive on the same day.

【Criminal Facts】

Defendants are actual joint representatives of E Co., Ltd.

The Defendants did not have any help in acquiring the right to use the Magyang Port Port Authority, and there was no intention or ability to have the victim corporation receive the Magyang Port Temporary Factory Construction Work executed in the canal, which is executed in the canal, the Defendants conspired to deceiving the victim corporation as if they were to be able to receive the above construction work in the form of a negotiated contract and to acquire the money under the pretext of advance payment from the victim company.

Accordingly, at around 18:00 on September 16, 201, Defendant A called the victim company E office located in Kimhae-si F to G, the managing director of the victim company, and tried to obtain the right to use the luminous wharf permit. In return, Defendant A’s temporary operation of the luminous port at the time of 4.5 billion won in the cost of construction implemented in K, to E, the factory assembly corporation was established and the victim company E did not have the ability to issue the bonds to perform the above construction works. As the victim company was awarded a contract for the said construction, Defendant A received a contract for the said construction works, and then proposed a subcontract again to E., the victim company. For this reason, the expenses need to be paid, and the amount of KRW 30 million in advance and value-added tax on this is changed to KRW 3 million in value-added tax on this date from the end of 201 to the end of 3.0 million in value-added tax on this day.

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