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Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
【2013 Highest 372】 Around August 2009, the Defendant received a request from the victim C to perform the construction works for the extension and reconstruction of Han-si D located in Guri-si, and performed the said construction works from August 2009 to November 2009.
On March 3, 2010, the Defendant filed a lawsuit to the effect that the said victim paid KRW 91,000,000 among the total construction cost of KRW 188,01,000,000, and did not pay the said amount equivalent to KRW 97,01,00,000, as evidence proving it, and submitted as evidence a written statement of materials amounting to KRW 14,581,80,00, and KRW 3,410,000 from E, and KRW 14,581,00 from E representative G were supplied with materials amounting to KRW 14,581,00,00 from E representative G, and the amount was confirmed to have been paid in full, together with the “written confirmation of fact” and the “written confirmation of fact that the Defendant received KRW 90,00,00 from the victim,” respectively.
However, on September 8, 2009, the Defendant asked the above victim to transfer the material price to H, and then the above victim directly wired KRW 3,315,000 to H. Around October 1, 2009, the above victim asked the above victim to transfer the material price to H, and the above victim directly wired the material price to G. As such, the above victim directly wired the material price of KRW 5,00,000,000 to G, the above two cases were already paid to the above victim as the work price. The Defendant made a daily work site at the time of the above construction and prepared the above documents under the condition that the above victim knew about the amount of the work price and the expenses incurred from the construction, such as material price, wage, etc.
In addition, the defendant prepared the above lawsuit and prepared a confirmation of facts directly.