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(영문) 서울남부지방법원 2014.04.24 2013노2213

사기미수

Text

The judgment of the court below is reversed.

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. The summary of the grounds for appeal did not have attempted to defraud the victim of the cost of acquiring KRW 120,110,400 as stated in the judgment of the court below by deceiving the victim, but the court below convicted the defendant by misunderstanding the fact.

2. Prior to the judgment on the grounds of appeal by the defendant, the prosecutor applied for changes in the indictment of this case to the court below (the judgment in writing) as stated in Paragraph 1, and since this court permitted this, the judgment of the court below was no longer maintained.

3. Thus, the judgment of the court below is reversed ex officio and it is decided as follows after pleading.

【Discretionary Judgment】

1. The Defendant is a person running C Co., Ltd.

In relation to the new construction of medical facilities in Yangcheon-gu Seoul Metropolitan City which was contracted by the Victim F, the Defendant was subcontracted by the Co., Ltd. on October 25, 2010 to the Co., Ltd., Co., Ltd., Ltd., but, on February 25, 201, the Defendant agreed not to perform the construction works for the maintenance of the sand in C Co., Ltd. through the alteration contract. However, on November 15, 201, the Defendant attempted to receive the construction cost from the victimized Co., Ltd. by seeking payment of KRW 120,110,400 for the cost of the maintenance of the sand from the fifth floor of the building in Ansan-gu, Yongsan-gu, Seoul, Seoul, Seoul, Seoul., Ltd., Ltd., to submit a written request for the alteration of the contract for the construction works in the name of C Co., Ltd., Ltd., through E., the said construction works were not actually performed, and attempted to be performed by the said construction works.

2. The summary of the facts charged in this case is that the Defendant deceiving the Victim F Co., Ltd. (hereinafter “victim”) and actually performed the construction by using the E Co., Ltd. (hereinafter “E”) which is not well aware of or not properly grasping the facts pertaining to the said private land maintenance work.