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(영문) 춘천지방법원 원주지원 2018.10.24 2017고단1277
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. On June 13, 2013, the Defendant had C employees of the Victim B Co., Ltd. (hereinafter “victim Co., Ltd.”) of the Victim B (hereinafter “Co., Ltd.”) carry out the Defendant’s Doctrine Doctrine construction of the “E Doctrine” portion of the construction cost, and did not pay KRW 47,000,000 out of the construction cost.

The Defendant, around August 1, 2013, was not paid to the employees of the Victim Company “E pention” (hereinafter “E pention”) upon the request of the said employees of the Victim Company “E pention.”

The construction cost of KRW 47,00,000 and the additional interior works cost of KRW 264,00,000 will be paid at the time of completion of the construction.

“A false representation was made.”

However, there was no intention or ability to pay the cost of construction even if the victim company completes the additional interior work due to lack of financial ability at the time.

As such, the Defendant, by deceiving the victim company, had the victim company completed additional interior works from August 2, 2013 to August 30, 2013 under the said contract, but acquired pecuniary benefits equivalent to the same amount by not paying construction cost of KRW 264,00,000.

2. In around September 3, 2013, the Defendant would pay the Victim Company’s employees C the construction cost and the additional construction cost of KRW 49,918,550, which was not already paid at the time of completion of the construction work under the said “E penture”.

“A false representation was made.”

However, there was no intention or ability to pay the cost of construction even if the victim company completes the additional interior work due to lack of financial ability at the time.

As such, the Defendant, by deceiving the victim company, had the victim company completed additional construction from September 3, 2013 to September 30, 2013 under the said contract, but did not pay KRW 49,918,550 of the construction cost. However, the Defendant acquired pecuniary benefits equivalent to the same amount in the manner of not paying KRW 49,918,550 of the construction cost.

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