(영문) 창원지방법원 마산지원 2017.09.27 2017고단475

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(영문) 창원지방법원 마산지원 2017.09.27 2017고단475

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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2015, the Defendant entered into a contract with the owner C to enter into a construction agreement with the project owner C to complete construction works of the studio construction works at KRW 520,000,000,000,000,000,000,000,000,000,000 won.

1. On April 2016, the Defendant made a false statement to the victim E at the construction site above, stating that “The Defendant would pay the gas pipeline works immediately after the completion of the construction works on the surface of the Jeju Sea.”

However, in the process of performing the above construction, the Defendant could expect that the actual construction cost will be paid in excess of the estimated construction cost of KRW 40,000,000,000,000 from the time when the completion of the construction work, such as substitute stone construction work, etc., and that the Defendant was unable to pay the construction cost in excess of the estimated construction cost of KRW 460,000,000,000,000,000,000,000,000, which was paid after completion from the owner of the construction, even if the Defendant received KRW 30,000,000,000,000 from the owner of the construction, even if he received the additional construction cost of KRW 30,00,000,00,000 from the owner of the construction, there was a lack of intent or ability to immediately pay the construction

The Defendant had the victim perform the gas pipeline construction work at the construction site at the above site, thereby acquiring the pecuniary profits equivalent to KRW 5.6 million of the construction cost.

2. On April 2016, the Defendant concluded that “The Defendant would pay the victim F funds immediately after the completion of the construction of boiler on the ground that he did not install the boiler at the construction site.”

However, the defendant did not have the intent or ability to pay the construction cost immediately after the completion of the construction due to the lack of the construction cost even though the defendant did work for the victim as stated in paragraph 1.

The Defendant had the victim do the boiler installation work at the construction site at the above site, and only 4,322 of the construction cost.

유사 판례

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