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(영문) 대전지방법원 2013.11.22 2013고단3813
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the representative director of H's corporation located in Chungcheong-gun N, Chungcheongnam-gun, and the victim'sO is a person who had a relationship with P's trade name with P' from around 2006 to 2008 with P's operation as a partnership business.

1. Fraud;

A. On June 22, 2012, the Defendant made a false statement to the victim in R, located in Seongbuk-gu Q, Daejeon, that the Defendant would pay KRW 60 million as the construction cost for the electrical construction currently being constructed, if the Defendant borrowed that amount to KRW 50,00,000,000 from the construction cost for the electrical construction currently being constructed, and that part of the construction will be subcontracted.

However, in fact, even if the defendant borrowed 50 million won from the victim under the circumstance that the debt to the claim group at the time exceeds 1.4 billion won, he only tried to use it for the repayment of the existing debt of the company operated by the defendant, but did not have the intent or ability to pay it to the victim.

On June 25, 2012, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the Agricultural Cooperative (S) account in the name of the said H on June 25, 2012.

Accordingly, the defendant was given property by deceiving the victim.

B. On July 2012, the Defendant, in the vicinity of the victim’s residence in the Jung-gu Daejeon, Daejeon, 2012, was committed as if the Defendant had entered into a subcontract agreement with the State State on the “V business” with the Defendant, and the Defendant displayed the standard subcontract agreement on electrical construction with respect to the said business, and the Defendant could receive a subcontract by our company from the StateU, if he paid in advance a part of the construction profit in advance to the StateU that he was awarded a contract for electrical construction from the Korea Electric Power Corporation. If the Defendant borrowed KRW 300 million, he received the said construction, and paid in addition to the principal, a part of the said construction would be subcontracted and paid in addition to the principal.”

However, in fact, the standard subcontract contract for the above electrical construction is forged for the purpose of deceiving the victim as described in paragraph 2 below.

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