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(영문) 서울남부지방법원 2014.02.10 2013고정2408

사기

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On May 8, 2009, the Defendant: (a) false statement in the facts charged that “E” office operated by the victim D in Yangcheon-gu Seoul Metropolitan Government; and (b) even if the Defendant received money from the victim, the Defendant, despite having no intention or ability to receive orders for the construction works for the construction works for the construction works for the construction works for the construction works for the construction of the temple of Taesung-gu and Sejong-si, the Defendant, despite having no intention or ability to receive KRW 3 million, received KRW 3 million for the construction works from the victim; (c) he immediately received KRW 3 million for the cost of construction works from the victim; and (d) on May 13, 2009, acquired KRW 13 million for additional expenses from the coffee shop in which it is impossible to know the name front of the New-dong District Court of Yangcheon-gu Seoul Metropolitan Government as the additional expense.

2. Determination

A. According to the records of this case, each contract agreement entered into between Jung-gu in Daejeon-gu in the instant case and Il-won Inspection Corporation (hereinafter “the instant contract agreement”) and the contractor of the Plaintiff, which is the contractor of the instant contract, shall be deemed to have been concluded with the F and E (hereinafter “E”) may be acknowledged not as the genuine contract directly entered into with G, which is the president of the F Co., Ltd. in the instant case.

B. However, in full view of the following circumstances acknowledged by the records of the instant case, it is insufficient to recognize that the Defendant was willing to receive orders from D for the instant civil works, and that D gave money on the pretext of expenses to the Defendant because it belongs thereto, and there is no other evidence to acknowledge otherwise.

(1) As the representative director of the “E”, the victim D directly prepared the instant civil engineering works without stating the construction amount, construction period, and estimate, etc., and signed and sealed the official seal in the name of the F in the manner that the Defendant cannot know, as a contractor, as an employee in charge of the said company’s official duties.