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(영문) 수원지방법원 2014.08.13 2013고단5967

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant is the person in charge of the construction site construction of a F University dormitory located in Ansan-gu, Busan-si, the facilities director of the Dispute Resolution Co., Ltd. (E). The said new construction corporation has repeated the suspension of the construction due to the payment of the construction cost to the subcontractor in the Dispute Resolution Co., Ltd.

On June 21, 2012, H’s fraud suspended the construction work due to the failure to pay the remainder of the construction cost in addition to the construction cost of KRW 6,60,000 among the construction cost, while entering into a contract for a 22,00,000,000.

On December 21, 2012, the Defendant requested H to resume the construction project and to promptly complete the construction in the construction site of the new construction site at the construction site at the construction site at the same time with the GI, and, “To complete the construction project, by February 6, 2013, the Defendant directly signed a written confirmation of the payment for the construction cost which the G and H prepared and prepared.”

However, the fact that the Dispute Resolution Co., Ltd was unable to pay the construction cost of KRW 18,300,000,000,000 not later than the date and time until the said F University Construction Project site to the subcontractor, and the creditors of the Dispute Resolution Co., Ltd were the third debtor to pay the D Co., Ltd., and there was various provisional seizures on the unpaid construction cost to D Co., Ltd. in the Dispute Resolution Co., Ltd., and after the D Co., Ltd paid all the construction cost agreed with the L Co., Ltd., the Defendant was well aware of the fact that D Co., Ltd had no intention to pay the construction cost to the subcontractor of the D Co., Ltd., the D Co., Ltd. on the agreed date.

Nevertheless, the Defendant deceiving H as above, and caused H to complete the joint construction with the remainder of KRW 15.4 million.

Accordingly, the defendant deceiving H and caused the DB to create a financial profit equivalent to the same amount.