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(영문) 제주지방법원 2018.11.12 2017고단1773
사기미수등
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 24, 2017, the Defendant, without obtaining a motor engine bicycle driver’s license from around 14:50, driving a 1 kilometer from the front of the C elementary school located in Jeju City to the front of the “E” restaurant located in Jeju City D from around 1 kilometer to the front of the “E” restaurant located in Jeju City.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Article 154 subparagraph 2 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty of Article 334 (1) of the Criminal Procedure Act (Attempted Fraud) of the Provisional Payment Order;

1. On October 1, 2014, the Defendant: (a) concluded a wage contract with the victim H (hereinafter “victim”) office located in Incheon Strengthening-gun G, Incheon; and (b) concluded a construction contract with the said company as to construction works for the new construction of neighborhood living facilities on the ground outside of J and one parcel of land between J and December 31, 2014; (c) the construction cost of the construction amount of KRW 60,000,000; and (d) the Defendant employed a single worker as the head of a tree group and provided the said construction works to the victim.

Accordingly, the Defendant, upon the Defendant’s request on October 2, 2014, was employed by the victimized Company for the construction of 5 million won on the commencement of receipt of the down payment from the victimized Company, paid a sum of 54,291,500 won to November 18, 2014 by directly paying wages to the Defendant and the employees employed by the Defendant, instead of paying the construction cost upon the Defendant’s request. On November 201, 2014, when the Defendant only performed the basic construction works up to the second floor concrete building site, the Defendant was bound to directly employ the victimized Company and directly perform the construction works. Accordingly, the victimized Company was the Defendant.

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