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(영문) 서울남부지방법원 2015.07.15 2014고단1460

사기

Text

The defendant shall be innocent.

Reasons

1. Around June 2, 2011, the summary of the facts charged of the instant case stated to the effect that “B is the head of F, an incorporated association, who is the head of F, and 30 million won by entering into a contract for electrical construction with public offices, etc. in the name of F, thereby changing the fire partition construction to the victim’s company.”

However, at the time, F was not entirely promoted the execution of the project, such as the execution of the contract for electrical construction other than the service contract, such as the contract for the sales of goods and the service contract for the control of illegal acts in the river area by government offices. The Defendant did not deposit the above money from the victim to the account managed by the management officer of the project team, but did not deposit it to the account managed by the management officer of the project team, and the head of the project group, without the continuous implementation of

The Defendant, as such, by deceiving the victim, received 10 million won from the victim to the account of the Defendant under the pretext of deposit money.

2. According to the evidence duly adopted and examined by this court, if the defendant registers the victim as a subcontractor, it is recognized that the defendant promised to give a fire zone construction to the company operating the victim by concluding an electrical construction contract with the government office, and entered into an agreement with E in the name of social welfare foundation F G on June 2, 201, designating the victim as the subcontractor of the said project team and received KRW 10 million from the victim as the performance bond under the said agreement.

However, it is also based on the evidence duly adopted and investigated by this court as to whether the defendant concluded the fire partition contract with the company operating the victim without any intention or ability to make the fire partition construction work and received the money from the victim as the performance guarantee.