사기
The defendant shall be innocent.
1. On August 27, 2013, the Defendant: (a) at the office of D Co., Ltd. (hereinafter “D”) operated by the Defendant in Dong-gu Daejeon-gu, Daejeon (hereinafter “D”); (b) the Victim E, “If the Defendant executes a joint collection of aggregate in the number of parcels 10,00,000,000, the remainder of the construction cost of KRW 130,000,000,000, shall be paid to the remainder of KRW 100,000,000 (the remainder of KRW 30,000,000,000). If the Defendant did not obtain the above aggregate collection permission, the Defendant would provide I with the land in Chungcheongnam-gun G and H owned by it as collateral so that he may acquire the claim amounting to KRW 100,000,000,000,000 deposited in his name from I.
“.........”
However, in fact, the defendant did not know that the victim could obtain aggregate extraction permission as above at that time, and because he did not own land in the Chungcheongnam-gun G and H, the defendant did not have any intent or ability to provide the victim with the above land as security and to allow the victim to take over the claim equivalent to KRW 100 million deposited in the Seoul Guarantee Insurance by I.
The Defendant was provided from the end of August 2013 to April 2014 with a station for construction works, which is equivalent to KRW 130,000,000,000, from the victim’s end to the end of August 2014.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
2. Determination:
A. Under the premise, the following facts are acknowledged according to the evidence duly adopted and examined by the court.
1) On August 27, 2013, the Defendant and the aggrieved party entered into a contract for the restoration of aggregate in the head of the aggregate extraction contract, which was located in the Republic of Korea, from August 27, 2013, for the following reclamation works (hereinafter “the instant construction works”).
(1) Construction amount: 130 million won, and down payment: 10 million won (date of payment). < Amended by Act No. 11963, Aug. 8, 2013>