사기미수
The defendant shall be innocent.
1. Around April 12, 2016, the Defendant filed a suit with the Seoul Southern District Court located in Yangcheon-gu Seoul, Seoul, Seoul, and the Defendant as the Defendant and the Defendant D, claiming the return of construction cost of KRW 30 million (hereinafter “instant suit”). The Defendant entered into a contract with the victim for E-work (hereinafter “instant construction”) with the contract amount of KRW 80 million and the additional contract deposit of KRW 10 million, and completed the construction. However, the Defendant did not pay the remainder of the contract amount of KRW 60 million among total contract amount of KRW 90,000,000,000,000 and KRW 60,000,000,000,000,0000,000 won and KRW 30,000,000,000,000,000,000 won and KRW 50,000,000,000).
However, the defendant did not conclude a subcontract contract with the victim as stated in the contract of this case.
As a result, the Defendant submitted the above contract to the above court which knew the above circumstances, and thereby, attempted to defraud the victim with 30 million won and delayed damages by deceiving the above court as if the Defendant actually entered into the subcontract contract with the victim, but did not commit an attempted crime by deceiving the victim and taking advantage of the above court's favorable judgment.
2. Determination
A. (1) The Defendant’s assertion (1) as the subcontractor of the victim, paid the Defendant’s wages to the father who had been on board for more than ten years prior to the lapse of ten years, in the form of direct payment, and the Defendant’s construction cost is paid directly by the victim, and the Defendant and the victim consulted with each other after the completion of construction