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(영문) 서울서부지방법원 2012.11.01 2012고단206

사기

Text

The accused shall dismiss an application for compensation by the applicant for compensation of the acquitted;

Reasons

1. The Defendant stated in the facts charged of this case that “The Defendant, from September 2010 to October 10 of the same year, at the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government D's daily house, “it may be allowed to get the F's agency to work because he/she was aware that he/she had a new fluor at the E construction site and became a fluoring with the president of the executive company,” and that “A would be able to get the F's agency a new construction work at the E construction site” if he/she found the victim G operating the F agency.

However, the facts did not have the intent and ability to receive orders from the victim of the above Chang Ho Construction.

On October 29, 2010, the Defendant deceptioned the Victim G in such a way, and acquired 30 million won from the victim through C through the victim, with the name of the business expenses for ordering construction works.

2. Determination

A. We examine whether the victim G listens to the same remarks as the facts charged, and then delivers KRW 30 million to C with the intent to reduce the amount to the defendant.

B. At this court, G heard that “The President of H Industry Development may grant E construction by private contract” from C, and made a statement that C lent KRW 30 million to C, and at the same time, C requested to lend money, and her I asked to do so and lent money to C and ASEAN. At the same time before lending KRW 30 million to C and 10 years, at the time of the loan between C and 10 years, it has been stated that C lent money to C several times prior to the borrowing of KRW 30 million with C, and the said money was refunded to C upon receipt of a loan certificate from C, but the said money was returned to C, and if it was possible to do so, the said money was given to C as a rebates, and it was demanded to return money to C several times, but there was no written demand for the Defendant.

And I, in this Court, at the time when G grants money to C, C shall be its own company.