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(영문) 수원지방법원 성남지원 2016.10.14 2015고단3018
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The charge of violating each of the Framework Act on the Construction Industry is not guilty.

Reasons

Punishment of the crime

1. From March 2012 to November 2013, the defrauded: (a) the Defendant was awarded a subcontract for construction sites for the new apartment complex in Chungcheongnam-si; (b) the construction site of the new apartment complex in Chungcheongnam-si; (c) the construction site of the new building in Chungcheongnam-si in Chungcheongnam-si; (d) the construction site of the construction site of the F Building in Chungcheongnam-si in Chungcheongnam-si; and (e) the construction site of the new apartment in Chungcheongnam-si in Chungcheongnam-si and the new construction site of the Y Studio Building in Chungcheongnam-si in Chungcheongnam-si; and (e) the construction site of the new construction site of the H Studio in Chungcheongnam-si, Chungcheongnam-si; and (c) the Defendant was performing concrete-typ construction works using concrete pumps leased from L, i.e., “J”.

Accordingly, around February 2013, the Defendant concluded a contract with N, an employee of the victim at the construction site of the said M apartment construction site, stating that “The Defendant would lease concrete pumps to the site of the M apartment construction site in Sejong city and pay rent according to the details of monthly use on the face of the city.” In line with the schedule of work between the victim and the victim, the Defendant leased concrete pumps at the end of the month and entered into a contract at the end of the month to pay rent in cash after 60 days if the victim claimed rent.

However, even if the Defendant received the construction cost from the prime contractor due to the increase in personnel expenses, even if it is difficult for the Defendant to acquire the construction cost, he did not have the intent or ability to pay the rent properly even if he rents concrete pumps from the victim, such as failing to pay the rent, etc.

Nevertheless, the Defendant, as seen above, did not pay rent of KRW 2,90,000, even if he was provided with the concrete pumps from the victim, and used the concrete pumps from November 201 to November 2013, and did not pay rent of KRW 120,387,00.

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