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(영문) 대구지방법원 2017.10.18 2017고단2071
사기미수
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant (State) was awarded a contract for factory extension works in Yongcheon-si from (State) CE to a person who substantially operates in the name of (State) Eul, the Defendant (State). On May 2012, 2012, the Defendant subcontracted the steel framed works to the victim G and H, and subcontracted the construction works to the Plaintiff at around August 2012, and further subcontracted the construction works to the Plaintiff at the victim’s side. However, the Defendant paid the total amount of the steel framed construction works, but did not properly paid the construction works to the subcontractor and the Changho-gu Construction Work.

While paying some of the construction costs as above, the Defendant: (a) from May 2012 to December 2013, 2013, drafted on May 14, 2012 between the victims from the name of (ju)C and JJ Company K; (b) arbitrarily stated the “L” column of the “Standard Subcontract Agreement for Construction Works” in the column of the “L” column of the subcontracted construction for the steel construction; and (c) subsequently amended the contract as if both the steel construction and the printing team construction were subcontracted at KRW 93.5 million.

Around October 11, 2013, the injured party G filed a lawsuit seeking payment of KRW 86,270,000,000,000, which was already paid, out of the construction cost of KRW 116,270,000,000,000,000 for the construction cost of the screen, etc. additionally constructed, under the name of the victim H representative of the I company H, and the Defendant received a written reply from the court to the effect that, on December 4, 2013, the Defendant: (a) ordered the legal representative of the J company to enter into a lawsuit seeking payment of the construction cost of KRW 93,50,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00).

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