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Reasons
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(영문) 수원지방법원 2015.05.07 2014고정3001
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 is the representative director of (B)B who engages in software development and supply, services, or advisory services.

1. On August 28, 2013, the Defendant entered into a service agreement with the Development Bank Co., Ltd., which entered into with the Development Bank Co., Ltd., and the operation services of the mobile system, with the victim (victim). In relation to the victim, the Defendant entered into a contract agreement with the victim, setting the contract term of which from August 28, 2013 to Nov. 28, 2013; the contract term of which is KRW 9,300,000 with respect to the mobile system; and the contract term of which is KRW 30,000 with respect to the mobile system from September 1, 2013 to December 31, 2013; the contract amount of which is KRW 12,00,000.

However, even if the victim provided services, the defendant did not have the intent or ability to pay the service cost to the victim.

Ultimately, even though the Defendant provided a service to the mobilization DNA, the Defendant paid only KRW 6,100,000,000, out of the service cost of KRW 21,300,000 to the victim around October 2013, and did not pay the remainder of KRW 15,20,000 to the victim around October 2013.

2. On December 1, 2013, the Defendant entered into an extension contract with the mobilization of the reserve forces and the contract set forth in paragraph (1) at KRW 6,000,000 from January 31, 2014 to January 31, 2014. Accordingly, the Defendant entered into an extension contract with the victim by setting the contract amount as KRW 6,00,000.

However, even if the victim provided services, the defendant did not have the intent or ability to pay the service cost to the victim.

Ultimately, the Defendant did not pay KRW 3,00,000 to the victim of December 2, 2013, even though the victim provided services to (ju) mobilization DNA.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of partial police interrogation of the accused;

1. Statement to E by the police;

1. C and mobile system operation services contract, Appendix 12, business registration certificate, basic contract for contract operation, Appendix 12, basic contract for contract operation, 2, Appendix 1, tax invoice;

1. An inquiry into reports on business closure;

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