사기
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant: (a) registered the business entity C, which is a real estate development business entity, in the name of Dong C, and actually operates the said C.
On January 23, 2016, the Defendant entered into a subcontract for construction works with the victim F Co., Ltd. (hereinafter “victim Co., Ltd.”) to subcontract construction costs of KRW 214,500,000 to the victim F Co., Ltd. (hereinafter “the victim Co., Ltd.”) at the construction site of Kim Jong-Ma and three parcels of multi-family housing construction works, which were being executed by C at around January 23, 2016. Although the victim Co., Ltd completed the above construction works in accordance with the terms and conditions of the said subcontract, the victim Co., Ltd. completed the said construction works, the Defendant paid only KRW 45,00,000 out of the construction cost and did not pay the remainder of the construction cost, the victim Co., Ltd. was subject to a provisional attachment of the real estate attached at the Incheon District Court KRW 2016Ka10877, 189,500,000 for the said land
On September 12, 2016, the Defendant received a loan from H, a director of the victim company located in G in G in Kimpo-si on September 12, 2016, for the cancellation of provisional seizure of the above E land.
2. The term “assumed.”
However, even if the victim company had cancelled the above provisional seizure, the defendant did not have the intention or ability to receive the loan and repay the above construction cost.
Around September 22, 2016, the Defendant, by deceiving the above H, had the victim company cancel the registration of the above provisional seizure on the land E due to the cancellation of the provisional seizure on September 12, 2016, thereby acquiring the pecuniary benefits equivalent to KRW 189,500,000 of the construction cost claim.
2. According to the evidence duly adopted and examined by this court, the Defendant’s new construction work of multi-family housing as stated in the facts charged (hereinafter “instant construction work”).
As a result, while proceeding, the victim company was faced with the financial shortage, the provisional attachment stated in the facts charged is cancelled to the director of the victim company H.