사기
Defendants are innocent.
1. The summary of the facts charged is that the Defendants tried to newly construct a multi-household D site (hereinafter “instant land”) in Daejeon-gu, Daejeon-gu, under which Defendant A entered into an agreement to acquire, but the Defendants received a loan of financial rights and pay the construction cost to the subordinate company by receiving the loan of financial rights based on the catho, because the construction cost was not at all available. Defendant B, while supervising the construction of the said new construction loan, intended to put the funds received from another construction site into the said new construction loan until receiving the loan of financial rights.
Accordingly, at the container office located at the construction site of the above site multi-household on February 2015, Defendant B, who was awarded a lump sum subcontract by Defendant A from the actual owner of the above loan site, was awarded a subcontract by Defendant B through E to the victim F. The following purport is that “if the Defendants build concrete on 3rd floor, they will offer to the victim F a primary 40 million won, within 3 days, with the fact that the Defendants would sell concrete.” Around March 11, 2015, he/she became the guarantor of a building subcontract contract prepared between E and the victim.
However, on January 29, 2015, Defendant A entered into an agreement with the actual owner G and the loan site at around 270 million won (including the acquisition of loan obligations of KRW 190 million; KRW 100 million on January 29, 2015; KRW 10 million on an intermediate payment of KRW 30 million on April 30, 2015; and KRW 40 million on July 30, 2015; Defendant A failed to pay part payments; Defendant B was liable for the unpaid payment of KRW 150 million on other construction sites; Defendant B did not have any intention or ability to pay the payment even if the damaged person performed the construction because it was not confirmed that he/she obtained financial rights loans at another construction site; and Defendant B did not have any intention or ability to pay the payment.
Nevertheless, the Defendants conspired to induce the victim as above and let the victim take such action from February 27, 2015 to April 23, 2015, KRW 57,353,400 during the construction of new loan.