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(영문) 광주지방법원 2013.05.24 2013고단9
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operated C from around July 2009 to July 201, and performed a new construction of a new factory dormitory in the former Sungsung-gun D Co., Ltd.

Around December 22, 2010, the Defendant: (a) at the C Office in Seo-gu, Seo-gu, Gwangju, the Defendant: (b) “The Victim F would pay KRW 27,500,000 for the construction work upon completion of the construction work of the front dormitory manual; (c) drafted a standard contract for construction work; and (d) around January 201, the Victim completed the said dormitory manual construction work.

In addition, on February 1 through 3, 2011, the Defendant stated that “the victim shall pay 6050,000 won for the construction cost on the face of the week by performing the defect repair construction work, other than the part of the irrigation site construction work.” On March 4, 201, the victim completed the defect repair construction work.

However, in fact, since December 2010, the financial standing of the Defendant, which he received in an unreasonable low price from the above construction, has deteriorated, and the Defendant, at the time of bad credit holders, was at least KRW 30 million with financial rights, and the Defendant did not have the ability to pay the construction cost even if he did construction work for the victim due to the problem in G and the settlement of accounts with the original office.

Nevertheless, the Defendant, at the end of the foregoing false statement, ordered the victim to perform the dormitory club construction and defect repair construction as above, and did not pay only five million won, which is part of the construction cost, and did not pay the remainder of the construction cost, and acquired the pecuniary benefits equivalent to the amount of the said money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H;

1. Application of Acts and subordinate statutes on the standard contract for construction works;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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