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(영문) 서울남부지방법원 2014.09.18 2014고합144

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is a substantial operator of E Co., Ltd. (hereinafter “E”) with the sixth floor in Bupyeong-gu Seoul Special Metropolitan City.

On July 26, 2012, the Defendant stated that “The victim H, the owner of the G office located in the F in the Pakistan-si, would be entitled to KRW 2.57 billion for the total construction cost of the new construction of the I building (hereinafter “instant building”). In the event that the construction cost of KRW 80 million is paid for the intermediate construction cost, the remainder of KRW 1.177 million for the construction cost of this new building would bring all of the 307, 308, 309, and 4 stories of this new building into large water, and the construction would be completed by February 15, 2013.”

However, at the time, the Defendant’s personal liability was reached KRW 400 million, and the Defendant’s operation was in the state of having no particular property. However, it was difficult for the Defendant to pay the subcontract price to the sewage suppliers at the scene of the construction of the J-U.S.-U.S. J-si Construction Corporation and the construction of the K-U.K. Housing (hereinafter “the construction”). Accordingly, the Defendant received the construction price of the said I. building from the complainant to prevent the discontinuance of the construction, and was thought to pay the sewage suppliers at the construction site at the above separate construction site. Thus, the Defendant did not have any intent or ability to pay the construction price received from the complainant to the above I.S. construction work according to the agreement.

As above, from August 17, 2012 to November 9 of the same year, the Defendant deceiving the victim as above, and acquired a total of KRW 660 million from around four times as follows from around August 17, 2012, and acquired it by deception.

On August 17, 2012, 2012, the amount of damage from the method of temporary delivery by the victim on September 19, 2012, 200,000 the work price of 220,000,000,000 the deposit without passbook deposited in E bank account (L) with the National Bank account under the name of E, " "20,000,000 on October 24, 2012" on October 24, 2012, " 20,000,000" on November 9, 2012, " 220,000,000" collectively 660,00,000,000

2. Determination

(a) in criminal trials;