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Defendant
A shall be punished by imprisonment with prison labor for eight months, by imprisonment for one year and two months, and by imprisonment for four months, respectively.
except that this shall not apply.
Reasons
[Amount of the crime] The crime history [the part of the crime] - Defendant A is the operator of G Co., Ltd.; Defendant B is the operator of H; Defendant C is the operator of H; Defendant C is the operator of K Co., Ltd.; and J is the representative director of L Co., Ltd., who owns all the building on the ground of Yongsan-gu K-si K-si and all the three practice hall (hereinafter “the instant golf practice range”).
1. The Defendant attempted to commit fraud against Defendant B, around April 18, 2009, entered into an agreement with the Victim L Co., Ltd. on “Y three holes and the Green Development Contract” in KRW 165 million (including value-added tax) and completed construction around December 29, 200, and completed construction around December 29, 2009, and there was no claim related to the said construction.
Nevertheless, the Defendant asserted that there was a verbal agreement between the Chairman N of M Bank Co., Ltd., the actual operator of the victim company, and 1.294 million won (including value-added tax) for the construction work, and that there is a claim for unpaid construction cost equivalent to 1 billion won in relation to the above construction work to the victim company. On September 11, 2012, the Defendant filed a lawsuit against the victim company at the Suwon District Court claiming 50 million won out of the above unpaid bonds (No. 2012Da72465), and on February 5, 2013, the Defendant additionally filed a lawsuit claiming the remainder of unpaid construction cost claim 96,90 million won in the above court.
(2013Gahap2521). Accordingly, the Defendant, by deceiving the said court-managed division, attempted to obtain pecuniary benefits equivalent to KRW 50 million and KRW 969 million from the victim company, but the representative director of the victim company actively respondeded to the said lawsuit by the JJ.
2. The Defendant A is the operator of G Co., Ltd., and around September 24, 201, J, the representative director of L Co., Ltd., and the golf driving range of this case, KRW 250 million per year, and KRW 500 million per year.