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(영문) 수원지방법원 성남지원 2018.06.21 2017고단2738
사기
Text

Defendant

A A shall be punished by a fine not exceeding five million won, and Defendant B shall be punished by a fine not exceeding one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Basic Facts

Defendant

A who was a representative director;

C On September 21, 2014, Co., Ltd. entered into a contract for the construction of the Jincheon Factory with D Co., Ltd. (hereinafter referred to as “victim”) in an amount equivalent to KRW 3.54 billion of the contract amount with the damaged company (including value added tax).

On February 25, 2015, Defendant A entered into a contract with the damaged company and the remaining construction works of the said newly constructed construction (hereinafter referred to as “the instant construction works”) with the content that the Si construction project would change the contract amount of KRW 1,921,121,609 (including additional taxes) to E Co., Ltd. (hereinafter referred to as “E”).

Then, on April 22, 2015, E entered into a subcontract with F Co., Ltd. (hereinafter “F”) on the part of the instant construction project, with respect to the MFRC floor termination project (hereinafter “instant floor termination project”), and the contract amount of KRW 280,50,000 (hereinafter “F”), and E paid KRW 55,000,000 to F as material cost.

Criminal facts

E entered into a subcontract with G on the instant contracted construction works, etc., and H, a subcontractor of the said company G, demanded payment of KRW 71.5 million for the construction works of the said company, which is the subcontractor of the said company, the Defendants: (a) immediately after entering into the subcontract with the amount of KRW 280,500,000,000,000,000 for the instant floor termination subcontract to the damaged company; and (b) on this basis, the Defendants solicited the victimized company to transfer the total amount of KRW 70,44,00,000,000 for intermediate payment, KRW 165,000,000,000,000 to the said company, which is KRW 165,000,000,000 from the said KRW 165,00,000 to the said company.

Therefore, at the E office located in Seongbuk-gu, Sungnam-si, Seoul-si, around April 23, 2015 to around 27, Defendant A, the price for the subcontracted work on the floor of this case, is KRW 352 million (Advance payment, KRW 70.4 million, intermediate payment, KRW 94.6 million).

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