사기
The defendant shall be innocent.
The summary of the facts charged in the instant case is that the Defendant was awarded a contract for the new construction of electric source house D in order to the victim C around September 23, 2009, and around May 22, 2010, the Defendant thought that the fact at the construction site of the instant electric source house was appropriated for the sealed construction cost even if the victim received money for the purpose of roof construction from the victim, and thus, the Defendant did not intend to deliver it to the roof constructor. As such, the Defendant did not wish to directly pay the 2nd roof construction cost to the constructor. The Defendant was transferred KRW 1.4 million to the bank account in the name of the Defendant for roof construction cost from the victim. ② Around June 1, 2010, the Defendant thought that it was appropriated for the sealed construction cost even if the victim received the stony from the victim, and thus, the Defendant did not want to order the 200,000 won in the name of the victim and transferred the 200,000 won account number to the victim’s joint account.
On May 22, 2010, the Defendant asserts that ① the Defendant did not receive money under the name of the roof construction cost from the victim, ② the Defendant was actually willing and capable of executing a ston construction, but the Defendant did not perform a ston construction due to the discontinuance of construction, and that there was no intention to acquire money from the victim.
(1) First of all, we look at the cost of roof construction, the witness F's statement in the fourth trial record, the witness C's legal statement in the protocol of interrogation of the accused in the prosecution, C's statement in the protocol of interrogation of the accused in the prosecution, and F's statement in the police.