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(영문) 서울남부지방법원 2016.11.11 2016고단1940
사기
Text

Defendants shall be punished by imprisonment for one year and two months.

Reasons

Punishment of the crime

Defendant

A is the head of corporation G in Yeongdeungpo-gu Seoul Metropolitan Government 107, and Defendant B is the representative director of the above company.

The Defendants, through G, participated in a project ordered by a public institution, etc. at the national site operated by the Public Procurement Service through a public institution, etc., and was awarded a successful bid and operated in such a way as to give a subcontract at a price lower than the successful bid price.

However, inasmuch as the Defendants were in a state of shortage in funds by operating the goods payment received from government offices, etc. in the form of return to repay the existing loan obligations or the goods payment obligations, in light of the evidence records and the facts charged on April 24, 2015, the phrase “as of April 24, 2016” as stated in the indictment appears to be a clerical error in the phrase “as of April 24, 2015,” and even if it is corrected without any changes in the indictment, it does not seem that the Defendants’ exercise of the Defendants’ right to defense would be substantially hindered. Accordingly, the above correction shall be

Even if a supplier, such as another computer, has to supply equipment to H viewing with respect to the business of building an integrated computer environment on the H viewing website of the H viewing order corporation G, the supply price received from H viewing was intended to pay the price for the existing goods, and there was no intention or ability to pay the normal price to the supplier.

Nevertheless, Defendant A, the representative of the J Office, Co., Ltd. operating the business of selling computers, etc. in Ansan-gu I during the period of May 13, 2015, shall pay KRW 10 million to the victim K as soon as he/she receives the cost of goods from H viewing within one week from the delivery date, and shall pay the cost of goods by June 19, 2015."

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