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(영문) 의정부지방법원 2018.05.31 2017고정1028

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the D representative director of the K-si Dispute Resolution Co., Ltd., and the victim E and the Namyang-si, the defendant entered into a contract for construction of G building located in the F.

On March 2014, the Defendant: (a) in the container of the sale office near the above G building on March 2014, whether “the container is no longer needed because the G building was completed;

A false statement was made that the container will be accepted at KRW 5 million as it is necessary, and that 5 million will be settled when the construction cost is settled.

However, even if a container was purchased from the injured party, there was no intention or ability to pay 5 million won of the container purchase price.

The Defendant, as seen above, had taken over a container in April 201 from the victim of the crime by deceiving the victim, and had the victim take over the container, but did not pay KRW 5 million for the purchase price of the container.

2. The judgment was examined, and the victim constructed the G case from the investigative agency to the investigation agency “F from the Namyang-si, the G case was constructed, and at the time, the defendant worked as the representative director (ju) D’s construction of the instant G building.

Around March 2012, the inside of the instant G building purchased the instant container and used it as the sales office at the construction site of the said G building. Around March 2014, the said G building was completed and the sales office was relocated to the said building. Around that time, the Defendant stated to the effect that: (a) the Defendant purchased KRW 5 million including the house fixtures, etc. inside the instant container; and (b) the price was finally settled with the construction cost of the said G building; (c) while the Defendant from the investigative agency to the instant court, “the damaged person would no longer need to complete the said G building and bring the instant container to the disposal of the said building if necessary.”