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(영문) 의정부지방법원 2014.10.24 2013노2140

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles regarding H building construction related to the victim B did not require the Defendant to pay the construction cost while awarding a contract for H building construction to the victim B, and there was no fact that the construction was discontinued after the J waived the construction work and the construction was conducted again by the time the AG and B subcontracted the construction work, and there was no fact that B performed the said construction work. Therefore, there was no deception, such as what is indicated in the facts charged.

B) The Defendant entered into a contract with L owner for construction work in relation to D's 20 million won and agreed to enter into this contract if the design drawings were to take place. At the time of entering into a subcontract with M', it is not recognized as a criminal intent of deception and fraud. C) The Defendant’s fraud of the victim T's 10 million won and the sum of KRW 10 million which the Defendant received on March 3, 201 from T's 200 million and KRW 10 million paid on March 25, 201, and T's 10 million with the Defendant and T's 30 million won as the cost of construction work in the A's residential complex located in the city where it decided to carry on the business, and the Defendant did not receive the above 30 million won as the loan or loan cost as stated in the facts charged, and the Defendant did not pay t's t's 100 million won as the loan and t's t's t' 700 million won for the above purpose of construction cost.