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(영문) 서울동부지방법원 2019.05.15 2018고단703

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a person who actually runs a stock company B, and the victim C is a person who operates a stock company D.

On August 2015, the Defendant entered into a contract with the company E to change the contract amounting to KRW 721,00,000,000, which was received from G, to KRW 714,416,000, totaling the contract amounting to KRW 721,00,000, and entered into a subcontract with D which is operated by the victim again, and the Defendant said that the Defendant would pay the victim a direct payment for the portion of the contract amounting to KRW 616,00,000 from the beginning of October 2015. The Defendant believed that the Defendant would pay the victim for the portion of the contract amounting to approximately KRW 616,00,00,000 among the above construction cost, which is equivalent to KRW 403,292,00,00,000, from the beginning of October 2015.

The victim filed a claim for the payment for completed portion with the exception of personnel expenses at the time of the progress of the construction project, and the Defendant filed a claim for the payment for completed portion with the Defendant, based on the data submitted by the victim, for the payment for completed portion, etc. from August 11, 2015 to September 24, 2015, and based on the face value of the total amount of KRW 241,026,000 at discount. The amount of discount is 210,045,534 at discount, the Defendant did not pay the payment for completed portion to the victim at all, and the Defendant did not have any intent or ability to pay the payment for completed portion normally to the victim every month.

Accordingly, the Defendant, by deceiving the victim and not paying the remainder of KRW 212,708,00,000, excluding the remainder of KRW 403,292,00,000, which was paid directly by the Plaintiff E, out of the total construction cost of KRW 616,00,00.

2. The amount of reasonable construction cost shall be paid even after the victim completes the construction work for a long time.