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(영문) 서울중앙지방법원 2015.12.18 2015고합720
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the Victim D Co., Ltd. (hereinafter “victim”) and the E Co., Ltd. (hereinafter “E”) around November 6, 2012.

() From November 6, 2012 to July 31, 2013, the construction contract was concluded with the purport that the damaged company’s warehouse Dong and office building were newly constructed at KRW 2.750,000,000 at the disposal population F, and the construction cost was 10% at the time of the contract, 25% at the time of commencement, 40% at the time of completion of the steel structure, and 25% at the time of completion and within 10 days at the time of completion. (hereinafter each of the above buildings is referred to as “instant building”; the said construction “instant construction”; the said contract was changed to the ordering person due to the change or business registration certificate due to the establishment of a branch office of the victimized company, which is the ordering person; and the construction cost was changed from March 15, 2013 to KRW 300,000 to KRW 300,000,000,000 due to the increase in the construction cost and extension of construction period.

(2) On November 2012, 2012, the Defendant made a false statement to the same effect as the victimized company even around March 2013, 2013, on the following grounds: (a) in the E office located in the third floor of the Seocho-gu Seoul Metropolitan Government G Building, the Defendant stated that “The actual operator of the victimized company, H and staff I, who is the actual operator of the victimized company, will undertake construction works in accordance with the construction schedule stated in the contract terms as the contract terms and the commencement fees.”

However, the facts are that the Defendant used exclusively for construction work due to a shortage of construction cost in another construction site that occurred from November 2012 to May 2013, 2013, the Defendant called the “Costnatal Care Center Corporation (hereinafter referred to as the “Costnatal Care Center Corporation”) located in Gangnam-gu Seoul.

In relation to this case, it was impossible to receive the progress payment due to the default of the ordering office, and it was filed against the ordering office on May 2013.

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