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(영문) 서울중앙지방법원 2020.05.29 2019고단7426
사기
Text

Defendants shall be punished by imprisonment for ten months.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

The Defendants are operating a man-made business with the trade name of “E”.

Defendants are liable for the construction cost of approximately KRW 60,000,000, and they are in arrears with taxes of approximately KRW 60,000,000,000, and employees are in arrears with the benefits of the employees, so the Defendants did not have the intent or ability to pay the construction cost even if they had the victim D, etc. who is the construction business operator, even though they had the interior works.

On April 6, 2018, the Defendants made a written contract for construction with the victim to perform the interior works of “G” at the second floor E office of the Seocho-gu Seoul Metropolitan Government F building with the purport that “G” would pay the cost of construction within the period of construction on the surface of the Jeju-si Office,” and had the victim perform the interior construction works from April 9, 2018 to May 4, 2018, and paid the remainder KRW 39,230,000,000 to the victim’s KRW 39,230,000 as stated in the attached list of crimes, and did not pay the total cost of construction to the victim KRW 114,230,00,000, the Defendants did not pay the victim KRW 35,000,000, and did not pay the victims KRW 39,230,000,000 in the same place from March 27, 2018 to May 24, 2018.

Summary of Evidence

1. Defendants’ respective legal statements

1. C’s legal statement;

1. Prosecution suspect interrogation protocol against the Defendants (including H substitute part)

1. The second and third police interrogation protocol against the Defendants (including both the sub-examination)

1. A copy of the content certificate, a copy of each contract for construction works, a copy of the completion certificate of construction work, a credit investigation set, a statement of transactions, a copy of the Kaxation, and data submitted by each complainant;

1. Application of Acts and subordinate statutes to each investigation report (Evidence List No. 9, 14, 16, 17, 19, 30, 34 and 36);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of criminal facts;

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