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(영문) 춘천지방법원 2017.04.27 2016고단1128

사기

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. On February 20, 2012, the Defendant obtained a subcontract for G construction work ordered to the victim E (hereinafter “F”) at the office of D Co., Ltd. (hereinafter “D”) operated by the Defendant on the third floor in Chuncheon-si (hereinafter “D”), which is equivalent to the construction cost, from which the Defendant received advance payment and received the payment of construction cost.

“False speech was made to the effect that it was “.”

However, at the time of fact, D plans to use advance payment, etc., which is received from F, as financial resources are not adequate to the extent that some workers are unable to pay wages due to business depression, etc., and it was planned to repay existing debts such as national taxes, etc., and there was no intent or ability to pay the amount even if it

The defendant has the victim from February 22, 2012 to the same year.

5. Until the end, G business had the total amount of construction cost of KRW 506,268,217 and steel reinforced concrete construction work.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

B. The Defendant, on September 14, 2010, committed a crime on September 14, 2010, with the borrowed money fraud (1) the Defendant, at the D office around September 14, 2010, lent the money to the victim as a national tax problem with the amount of KRW 10 million to be repaid immediately.

“False speech was made to the effect that it was “.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The Defendant received 10,000,000 won from the injured party to the account under the name of the Defendant for the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2) On June 18, 2012, the Defendant of the crime committed on June 18, 2012 must pay national taxes to the victim in the D office around June 18, 2012, in order to proceed with the construction of a military unit causing 700 million construction cost.

It is right to receive advance payment from a person who lends KRW 30 million.