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(영문) 춘천지방법원 원주지원 2018.05.11 2017고정246
사기미수등
Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates C building in Gangwon-si, and D Co., Ltd. in 604 at Gangwon-si.

1. The Defendant who attempted to commit fraud, around June 1, 2015, entered into a subcontract with the victim, Inc., Ltd., Ltd., which was located in Yongdo-dong, Yeongdeungpo-gu Seoul Metropolitan Government, and entered into a subcontract with the cost of construction KRW 5.31 billion, and entered into the said contract with D, upon setting the contract cost of KRW 5.31 billion.

A false statement was made.

However, at the time of fact, the Defendant had no experience in construction work and had no ability to directly carry out the construction work. As to the construction work, the Defendant had already entered into a contract with F and G to re-subcontract the construction cost of KRW 4.65 million. Since it was thought that F and G had been carrying out the construction work and obtained pecuniary benefits equivalent to the difference, the Defendant did not have any intention or ability to directly carry out the construction work even if receiving the payment from the injured party.

Nevertheless, the Defendant, as seen above, attempted to induce the victim to enter into a subcontract as above, and again re-subcontract it to the said FF, etc., thereby obtaining pecuniary benefits equivalent to the difference, but the Defendant failed to perform construction works directly due to the wind that is immediately detained and directly executed by F.

2. No sewage supplier who violates the Framework Act on the Construction Industry shall further subcontract subcontracted construction works to any third person;

Around April 27, 2015, the Defendant re-subcontracted the said construction work to F and G without a construction business license at the time and place specified in the foregoing Paragraph 1, and around April 27, 2015.

Accordingly, the Defendant re-subcontracted the subcontracted construction work to F and G.

Summary of Evidence

1. The defendant's person;

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