사기
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Around December 25, 2013, the Defendant entered into a construction contract with the victim E (hereinafter “instant construction contract”) at the window C in Changwon-si, Changwon-si, with the term of contract from December 26, 2013 to January 9, 2014; and KRW 1980,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000).
2. Determination
A. The fact that the Defendant entered into a construction contract with the victim as stated in the facts charged and received a total of KRW 19 million for the construction work, and the fact that the instant construction work was interrupted during the Do in which the Defendant continued the instant construction work does not have any dispute.
However, the Defendant alleged that the instant construction was suspended due to the ex post facto occurrence, and that the Defendant did not deceiving the victim, even though he/she did not have any intention or ability to complete the construction work.
B. The record reveals the following circumstances.
(1) On January 9, 2014, the Defendant submitted a written estimate of KRW 7,280,000 to the victim.
On January 13, 2014, the instant construction was suspended on the ground that the Defendant and the victim did not pay the additional construction cost.
(2) After the Defendant’s suspension of construction, the victim completed the remainder of construction cost of KRW 12 million through H Company I.
The above KRW 12 million includes the cost of electric enlargement construction claimed by the defendant as an additional construction.