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(영문) 광주지방법원 목포지원 2019.07.19 2019고정53

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

In around June 2017, the Defendant was awarded a subcontract for F construction work from D to KRW 73 million in the cost of construction due to the delayed payment of approximately KRW 130 million in credit card payment, such as B, and C, around KRW 30,000,000,000.

However, the Defendant, on the ground that there was little experience in the above construction work, either under-influence of material costs, and underfluence of the local characteristics of an island, the remaining physical distribution costs and personnel expenses, which are much higher than expected, failed to smoothly carry out construction work due to lack of funds. Accordingly, on November 2017, the Defendant proposed that D, who filed an application for bankruptcy with the court for personal bankruptcy, shall be given a high pressure on financial pressure, and that “the person who can supply materials at a cost, shall be asked to color.”

Accordingly, around January 3, 2018, the above D stated that the victim G, who is the installer of the air conditioners, “the defendant would install the air conditioners to pay KRW 25,300,000 for the installation of air conditioners” to the victim G, who is the operator of the air conditioners.

Around February 2018, even if the Defendant received the full payment of the construction cost from E, the Defendant was well aware of the circumstances in which it is impossible to pay the construction cost for air conditioners from January 2018 to March 201 of the same year, but it was committed as if the Defendant did not notify the victim of the aforementioned circumstances, who completed the basic construction cost for air conditioners with approximately KRW 5,00,000 of the construction cost from around January 20 to March 20 of the same year and received the payment of air conditioners from the victim on April 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. Protocol of the police statement concerning G;

1. A criminal investigation report and a written contract;

1. Investigation report (case related to construction price received by a suspect from E);

1. The application of statutes to investigation reports (as to review reports of records)

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;