logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2013.10.17 2013고단1668
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2009, the Defendant was sentenced to one year and six months of imprisonment with prison labor at the Jeonju District Court for the crime of occupational breach of trust, etc., and the judgment was finalized on October 9, 2009, and on November 25, 2009, the Defendant was sentenced to three years of suspension of execution for two years of imprisonment with prison labor for the crime of violating the Illegal Check Control Act at the same court on November 25, 2009.

From March 5, 2005, the Defendant is a person who actually operates a limited liability company C, and the limited liability company C is a company specialized in the execution of construction works, and around August 5, 2008, he was awarded a contract with F for E-large repair works on the Daejeon Pung-gu and eight lots of land.

On October 10, 2008, the Defendant stated that “On the completion of the steel structure construction work from the E major repair work by the end of October 2008, the Defendant would pay KRW 240 million for the total construction cost until November 2008” to the victim H in the office of a limited company in Yeongdeungpo-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City).

However, at that time, the sale of the I building in the Seongdong-gu Seoul Special Metropolitan City by a limited liability company C is low, and around May 2008, when the capital shortage of the limited liability company C became worse by demanding repayment of part of the principal leased as collateral of the I building by the Nong Bank Co., Ltd., Ltd., the defendant had the intention to use the E-project contract price as operating funds of a limited liability company C, so even if the victim completes the above E-project construction, he did not have the intent or ability to pay the construction cost.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) had the victim complete the instant steel structure construction in an amount equivalent to KRW 240 million of the total construction cost on October 30, 2008; and (c) paid KRW 55 million of the construction cost; and (d) did not pay the remainder KRW 185 million of the construction cost, thereby obtaining pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1.A complaint (including attached data) and telephone communications between the President of the FF Company and the President of the JF Company.

arrow