logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.05.03 2012고합326
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

1. On January 3, 2011, the Defendant, against the victim C, stated to the effect that “E” and “F, the representative director of the victim C, who is the victim C, will pay the construction cost if the construction cost equivalent to the total market price of KRW 1122,00,000,000,000, such as the installation of a bath machinery and equipment, is to be paid.”

However, at the time, the assets of the defendant are about 10.2 billion won, while the amount of debt such as financial debt reaches about 19 billion won, and there was no intention or ability to pay the construction cost even if the contract is concluded with the victim.

Nevertheless, the Defendant, as seen above, by deceiving F and entering into a contract for the construction work with the victim and the construction amount of KRW 1.122 million, had the victim complete the construction work, but did not pay the victim the remainder of KRW 972 million, excluding KRW 150 million paid around January 21, 201.

2. Fraud against the victim DNA Construction Corporation;

A. On March 30, 201, the Defendant stated to the effect that “The Defendant would have paid KRW 320 million,00,000,000,000,000 to the victim Dogdong-gu G, etc., including KRW 200,000,000,000,000,000,000,000,000,000,000,000,000 won, including the amount to be settled out of the loans received from agricultural cooperatives,”

However, even if the Defendant borrowed money from the victim, it was difficult for the Defendant to pay interest on financial obligations, etc. as above, and there was no intention or ability to pay the borrowed money because of the fact that the funds already paid to the existing subcontractor were in a situation where the payment of bills was made.

Nevertheless, the defendant deceivings I as above, and is in the same day from the victim to the national bank account under the name of the defendant, total of KRW 120 million.

arrow