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(영문) 서울중앙지방법원 2015.07.03 2015고단1948

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 15, 2013, the Defendant: (a) agreed from the Victim C Co., Ltd. (hereinafter “victim Co., Ltd”); (b) on November 15, 2013, the Defendant entered into a contract for construction work, under which the Defendant entered into a contract for the construction work of the Egym clubs totaling KRW 572 million construction cost; (c) KRW 358,300,000,000; and (d) KRW 350,000,00,000 (Evidence No. 2-11 of the Evidence Record); and (d) KRW 140,000,000,000 (Evidence No. 2-20,000,000) plus an additional tax of KRW 10,520,000,000,000 in total construction cost.

In addition, the defendant agreed to lease and operate the above niverse club on the same day, and agreed to do the above niverse construction instead of having the right to operate the niverse club, and specified this fact in the estimate.

1. The Defendant, as the equipment necessary for the niverse club, had a high-priced and high-quality sound and lighting equipment installed, had the person in charge of the victimized company, and had the intent to install the actually low prices and to acquire the difference by fraud.

On November 15, 2013, the Defendant had no intention or ability to install high-priced sound and lighting equipment, and submitted a written estimate for the construction of interior works, including the amount of KRW 181,606,480,000,000 and KRW 150,000,000,000,000 and KRW 59,000,000,000,000 for sound and lighting facilities, and KRW 10%,00,000,000,000,000 for additional facilities, to the person in charge of the damage company.

However, between December 17, 2013 and December 23, 2013, the Defendant, within the above age club, has much low-price sound and sound in such a way as to eliminate each item itself or reduce the quantity of the item in question compared to the initial estimate.