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Reasons
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(영문) 청주지방법원 충주지원 2016.10.19 2015고정160
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant entered into a contract with the victim D on August 20, 2013 on the construction site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the building site of the

However, the Defendant, at the time, was performing construction works by re-subcontracting from a sub-subcontracting business operator at the “E Innovation City Construction Site,” which is the prime contractor, and the said subcontractor was not obligated to pay wages equivalent to KRW 70 million to on-site workers on August 2013, and even if he was paid progress payment from personal development, he did not have any intent or ability to pay the construction payment.

From August 21, 2013 to September 2, 2013, the Defendant had the victim complete the construction of boundary stone and sidewalk block at the construction site of the said C-Newly constructed construction site. Although the Defendant received the payment for completed portion from human nature development on September 26, 2013, the Defendant did not pay 6,560,000 won for the construction cost to the victim, and acquired property benefits equivalent to the said amount.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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