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(영문) 서울북부지방법원 2012.11.07 2012고단2438
사기미수등
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, Defendant B shall be punished by a fine of 1,000,000 won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates “D” without a license for a specialized construction business without a license, and Defendant B is a person employed by Defendant A to work in the construction site.

1. From around 2002, Defendant A, who attempted to commit fraud, obtained a license from F, the operator of the victim (owner) E (hereinafter “victim”) who had a license for a specialized construction business from around 2002 (hereinafter “victim”) and carried out construction work, Defendant A, “Seoul Seocho-gu New Construction Corporation” and “Seoul Gangnam-gu New Construction Corporation, Seoul, with the cost of 388,740,000 construction from around May 208.”

The payment method of the above construction cost was the payment method to Defendant A after deducting 5% of the license loan fee and material cost from the victim company.

At around March 2009, Defendant A was unable to pay wages to Defendant B et al. due to the shortage of funds, and around that time, Defendant A requested F to deduct material costs from the construction cost that was set aside in March 2009, and refused to request F to pay wages. A.

On July 29, 2009, the Defendants conspired with the public service offices of the Seoul Northern District Court in Seoul Special Metropolitan City, Nowon-gu, the Seoul Northern District Court in Seoul Special Metropolitan City, and the facts were known to the victim company that they were not liable to pay wages to the body of persons, such as Defendant B, Defendant B, and seven other parties, and the victim company were the Defendant and the victim company were the Defendant to receive the payment of the daily wage (total amount of KRW 11,705,00) from the above construction site, and won all of them in the first instance trial of February 11, 2010. However, the Defendants lost from the second instance trial on November 12, 2010, which was lost by the Supreme Court on March 10, 201.

B. Defendant A is the public service center of the above Seoul Northern District Court on September 15, 2009, and the victim company is the principal service company in performing the above construction.

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