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Reasons
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(영문) 서울남부지방법원 2013.05.31 2012고단4738
사기
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A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2012, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Southern District Court for fraud, and the judgment was finalized on August 4, 2012.

The defendant is a person who has operated C Co., Ltd. that produces and sells teaching materials in English.

From December 21, 2009 to February 11, 2010, the Defendant entered into a contract for interior (additional) construction with the victim E Co., Ltd. (F) representative G on three occasions at the above office located in the second floor of the headquarters of the building in Gangseo-gu Seoul Metropolitan Government (F) Gangseo-gu, Seoul and concluded an additional contract for interior (additional) construction on three occasions. The Defendant would pay KRW 44,00,000, which is a part of the construction cost on March 3, 2010, to pay the remainder of the construction cost in twelve months from the following month to the payment of KRW 313,060,000,000 in total, by paying the remainder of the construction cost every three months from the following month.

However, in fact, the suspect has been liable for the total amount of KRW 900,000,000, including the amount of KRW 51,000,000,000, and the amount of KRW 51,000,00,000, as a situation where the enemy continues to exist due to poor business conditions at the time and the increase of funds, and where there is no intention or ability to pay the construction cost even if the victim has completed the above construction due to the absence of any particular property.

Around March 7, 2010, the Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to KRW 313,060,000 of the construction cost by completing the aforesaid interior work.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A suspect interrogation protocol of the accused by the prosecution (including I statements);

1. Investigation report (in cases of delayed payment of wages);

1. Standard contract documents, a statement of the payment of construction cost, each case search, notarial deed, complaint, or complaint;

1. A previous conviction in judgment:

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