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(영문) 수원지방법원 안양지원 2015.07.02 2014고단1760
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to imprisonment with prison labor and six months at the Changwon District Court for fraud, etc., and the judgment became final and conclusive on June 20, 2014.

1. The Defendant: (a) was the actual operator of E Co., Ltd. (hereinafter “E”); (b) on May 201, 201, the Defendant said that “E was involved in the construction of an urban-type residential housing development project (officetel) project of the victim C Co., Ltd. (hereinafter “C”); and (c) on May 1, 201, the Defendant said that “E was the representative of the victim C Co., Ltd. (hereinafter “C”), the Defendant would be awarded a subcontract for the underground construction of E Co., Ltd. (hereinafter “C”); and (d) upon issuance of a bill of exchange and discount, the Defendant would receive the performance bond if the construction starts after using the construction cost, etc. of the said project, and if the construction is delayed, he would pay it as the construction cost of the I new construction project that is undertaken from E.

However, in fact, the Defendant was unable to perform the project due to the exercise of the above development project and the design service cost agreed upon, and at the time, E was liable for the obligation of approximately one billion won, and the Defendant had already received the advance payment of KRW 7.6 billion out of the said I work price around January 17, 201, and the remainder of the claim for the construction price from February 2, 201 to May 201, the Defendant did not have any intent or ability to repay the claim even if it was issued by the victim under a provisional seizure order of KRW 485,80,000 at the request of the obligees from February 201 to May 201.

Around May 11, 2011, the Defendant received from G a note numbering K, face valueing 47 million won, which was issued in the name of the representative director of the victim C at the JJ office in J of J of J of J of J of J of J of J of J of J of J of J of J of J of J, and acquired a note numbering L, face valueing 250,000, face valueing 250,000 won, respectively.

2. The victim M. and N are frauds.

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