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(영문) 대구지방법원 2016.04.29 2015고합301
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant of "2015 Gohap 301" is a person who actually has operated C.

In March 2007, the Defendant concluded a subcontract for construction work with F of the representative director of the victim E company in C office located in Daegu Northern-gu, Daegu-gu, the Defendant stated that “The Defendant would pay KRW 124,300,000 of the steel-frame construction cost upon receiving construction cost from H, the original Cheong-gu, Seoul-gu, Seoul-gu, to the effect that the steel-frame construction work is performed during the extension of the H plant.”

However, even if the construction cost is paid by H in relation to the above construction work, the Defendant was placed under the circumstances that all of the pre-specified construction cost, interest on loan, etc., and thus, the Defendant did not have any intent or ability to pay the construction cost even if the completion of the interior steel framed construction during the above H plant extension work was completed by the Plaintiff under the contract for construction work.

As above, the Defendant: (a) deceiving the Victim E Co., Ltd.; (b) caused the victim to complete the steel framed construction work in the course of the H Factory Extension work; and (c) did not pay KRW 124,30,000 for the construction cost; and (d) did not pay the said victim the total amount of construction cost of KRW 930,696,00 for each of the above victims as stated in the attached Table 1-12 attached hereto; and (b) obtained property benefits equivalent to the same amount from December 23, 2005 to September 13, 207, including the aforementioned amount, from December 23, 2005 to September 13, 2007, “20” stated in the attached Table 1 of the List of Crimes, as shown in the above 21 Bill, appears to have caused the victims of the company to make a subcontract construction work, and thereby, did not pay the construction cost.

The defendant of "2015 Gohap 502" is a person who has been operating a company of JJ in the 13rd Southern-gu, Daegu-gu.

around June 2007, the defendant was the defendant's apartment in the above company to the victim K representative L Co., Ltd. "M apartment in the Gyeong-nam Kim-hae."

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