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(영문) 창원지방법원 2017.11.09 2016고단2503

사기등

Text

Defendant

A A shall be punished by a fine of KRW 7 million, and Defendant B shall be punished by a fine of KRW 8 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On February 3, 2015, Defendant A (criminal record) was sentenced to a two-year suspended sentence of imprisonment for fraud at the Seoul Central District Court for eight months on February 3, 2015, and the judgment became final and conclusive on February 11, 2015. On December 15, 2016, the Changwon District Court sentenced Defendant A to six months of imprisonment for fraud and four months of imprisonment for fraud, and the said judgment became final and conclusive on April 7, 2017.

[ criminal facts] No constructor shall allow another person to receive a supply of or execute construction works by using his/her name or trade name, and no person shall receive a supply of or execute construction works by using his/her name or trade name.

Nevertheless, around August 7, 2014, the Defendant entered into a contract for the supply and demand of construction works with H and Busan Shipping Daegu at the G Office Co., Ltd. G Co., Ltd. in Kimhae-si on the construction of the I Multi-household Building.

2. Defendant B is the representative director of G Co., Ltd. located in Kimhae-si.

No constructor shall have another person receive a contract for or perform construction works by using his/her name or trade name.

Nevertheless, around August 7, 2014, the Defendant entered into a contract for the supply and demand of construction works at the above office, such as H and H(1), using the name of G Co., Ltd.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Entry of part of the witness H in the fourth public trial record;

1. A protocol concerning the suspect B of the police;

1. Name cards, written agreement on execution of construction, and certificate of employment;

1. A report on investigation (in cases of attaching data, etc.);

1. Previous convictions in the judgment: A criminal history inquiry, investigation report (Attachment of the previous convictions), case summary information inquiry, and each of the judgment (the Defendants asserted that Defendant A was not able to receive the instant loan construction using the name of G Co., Ltd. (hereinafter “G”).

The loan construction of this case was entirely carried out by Defendant A, and G was not involved in the construction.