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(영문) 수원지방법원 2019.11.21 2018고단3261 (1)
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On November 21, 2017, the Defendant was sentenced to imprisonment with prison labor for one year in the Daegu District Court Branch of the Daegu District Court for criminal fraud, and the judgment became final and conclusive on November 17, 2018.

【Criminal Facts】

B as a director of a stock company C (hereinafter referred to as “C”) and who runs the company, and the Defendant is a person engaged in the construction business.

C In carrying out the construction of the nine new construction works of Hancheon-do (hereinafter referred to as “Macheon-do Construction”) at the time D (hereinafter referred to as “D”) contracted the construction to D (hereinafter referred to as “D”) from E (hereinafter referred to as “E”), but D waived the construction without paying KRW 113,446,200.

Accordingly, C is required by E to contract F Co., Ltd. (hereinafter “F”) with the said construction again, while directly paying the unpaid ready-mixed with a promissory note of KRW 200 million at par value. However, C was required by E to prepare joint and several suretys for the payment of the promissory note.

On the other hand, C and the Defendant jointly received the construction work of the collective housing (hereinafter “H construction”) that the victim G intended to build a new construction at H in Gyeyang-gu, Yangyang-gu, Yangyang-gu. The Defendant agreed to serve as the head of F’s site at the above construction site.

The defendant and B shall be jointly and severally guaranteed by the defendant for the above request of E, and the victim shall also be jointly and severally guaranteed so that they will resume the supply of ready-mixed to E in the field of Mapocheon and shall consult in advance with the "1. Supplier: the representative director of the Dispute Settlement Co., Ltd.;

2. Obligor: C representative director I; and

3. Joint and several sureties: G:

4. Joint and Several sureties: A, etc. shall be recorded as related persons, and “A and G shall pay a bond for the supply of ready-mixed with the LABS in electronic bills, and shall be one of the joint and several sureties for the payment agreement.

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