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(영문) 의정부지방법원 2017.11.01 2016고단3848

사기미수등

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of the facts charged

A. On September 1, 2009, the Defendant, who attempted to commit fraud, concluded a construction contract with the victim D Co., Ltd. to set up the RPF boiler at the victim’s plant in Dongducheon-si, the victim D Co., Ltd., and carried out the construction work, but failed to complete the construction work due to the failure to complete the installation of bricks and the test of skills for trial operation.

Defendant 1 filed a lawsuit against Defendant on the ground that the instant construction was not completed, on February 18, 2013, against Defendant 23, Da-ro 34, Gi-ro, Ni-si, Gi-si, Ni-si, Gi-si, Ni-si, Ni-si, Ni-si, and that the said construction was not completed. The same year

3. On 27. 27. The same court filed a counterclaim against the victim for the claim for the payment of the construction cost (number of 2013 plus 3160) by submitting a counter-statement with the false statement to the effect that “A counterclaim Defendant D shall pay the balance of the contract price for construction works related to the construction works of the RP incineration boiler construction to Plaintiff F, the amount of KRW 115,000,000, and delayed damages therefrom,” with the same court as the cause of the claim.

As above, Defendant filed a false counterclaim with the knowledge that the payment of the balance of the construction cost could not be made due to the completion of the said construction work, and attempted to obtain the balance amount of KRW 115,00,000 and the amount equivalent to the delayed damages from the above court that knew of such fact. However, it was clearly stated in the above lawsuit that the construction work was not completed through appraisal, and the counterclaim was dismissed, thereby resulting in attempted crimes.

B. As stated in paragraph (1) above, the Defendant was aware of the fact that the establishment of the RPF boiler on D Co., Ltd. was not completed.

around 16:00 on October 21, 2014, the Defendant appeared as a witness of the case at the Seoul Northern District Court 401, Seoul Northern District Court 401, which was located in 749, Maro, Dobong-gu, Seoul, Seoul, and the foregoing court 2014 High Order 2477 G, and was able to do so.