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(영문) 춘천지방법원 강릉지원 2016.05.13 2016고단191

사기

Text

Defendant

A Imprisonment with labor for one year, for six months, and for a fine of ten million won for the construction of Defendant C Co., Ltd., respectively.

Reasons

Punishment of the crime

Defendant

B around April 14, 2014, the operator of C Construction Co., Ltd. who was awarded a contract to “G installation works” located in Gangnam-si from the Korea Coastal Maritime Affairs and Fisheries Office in the East Sea (former Regional Port and Port Office in the East Sea). Defendant A is a person who was awarded a subcontract for the said “G installation works” from the construction of the above Co., Ltd. around May 8, 2014.

1. Although Defendant B’s criminal constructor could not subcontract all of the contracted construction works or most of the main parts prescribed by Presidential Decree to another constructor, the Defendant, at the C Construction Office located in Gangseo-si, Gangnam-si, around May 8, 2014, subcontracted all of the contracted construction works to another constructor by entering into a subcontract with respect to “G installation works (construction cost: 682,445,600 won)” contracted from the East Sea Fisheries Agency, as seen above, Defendant A’s Co., Ltd., a company run by Defendant A, to which Defendant A actually performed the entire construction works, and thereby, Defendant subcontracted all of the contracted construction works to the other constructor.

2. The above B, the representative of the defendant for the crime of Defendant C Construction, committed the act of violation as referred to in the above 1.

3. The Defendant committed the crime of Defendant A, while executing the said “G installation work” subcontracted by the Victim C Construction Co., Ltd., and executing the said “G installation work,” using a method that lowers the time and cost than performing the said design according to the said design plan, and attempted to claim construction cost as if the construction work was executed as stated in the design plan and to

On the other hand, the design map of the above "G installation works" provides that in the case of the construction of the "water excavation and ceiling construction", at least 200 meters in diameter by using a hydrostatic-type excavation machine, etc. on the underwater rock located at approximately 400 meters south south of the rock, at least 1m in depth from the line of excavation to 4m in diameter, the excavation of a hole of at least 332,000 square meters in depth from the line of excavation to the four original forms, and then the pre-manufactured light (the height of 12.9m, concrete structure) are laid down.