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(영문) 광주지방법원 2019.02.21 2017고단4779

사기등

Text

Defendant

A Imprisonment with prison labor for 8 months, 3, 4, and 5 of the judgment of the court of first instance, 2 months, and Defendant B.

Reasons

Punishment of the crime

Defendant

A On October 19, 2016, the Gwangju District Court sentenced two years of suspension of execution to 10 months of imprisonment with prison labor for obstruction of performance of official duties, etc., and decided on October 27, 2016.

"2017 Highest 4779"

1. A person who intends to engage in a construction business must register with the Minister of Land, Infrastructure and Transport.

On April 15, 2015, the Defendants conspired to enter into a new contract with the Minister of Land, Infrastructure and Transport to build a neighborhood living facility with a total floor area of 396 square meters above the H third floor area of 396 square meters above the Haju City, by using the business registration of “E” registered in F and G name without registering the construction business in the E office located in Gwangju North

As a result, Defendants conspired with the Ministry of Land, Infrastructure and Transport to engage in construction business without registering to the Minister.

2. Defendant A’s fraud against Defendant A’s victim F was committed with a view to acquiring money from the victim in the name of the contract price by making it known that the victim F will not proceed with the construction of a new neighborhood living facility, such as the statement in the preceding paragraph, because the contact between Defendant A and B was interrupted.

On November 16, 2015, the Defendant, at the site of the new construction of the building located in Haju-si, stated that “the suspended construction works cannot be completed or completed.” As such, the construction cost may be changed. To complete the construction, the Defendant may, even if part of the cost of the materials, enter and proceed with the construction work. The additional construction cost requires KRW 53 million.”

However, even if the defendant reported the enemy at the construction site that was in progress at the time and received the above construction cost from the victim who did not have any other income, he/she was able to use it for the payment of personnel expenses incurred at the construction site of Gwangju I, J and K, and the victim's corporation did not receive another construction cost due to the shortage of funds.