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(영문) 광주지방법원 2018.05.16 2017고단5882

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, who is C operator of C Co., Ltd., will give the victim F a construction work related to the said new construction work in order to raise the necessary money in spite of the absence of the ability of C to build a new factory in Ulsan-gu E and three lots of land.

The purpose of this paper is to acquire false and money.

around 16:00 on June 28, 2015, the Defendant presented at H hotel coffee shop located in Gwangju-gu, Gwangju-gu, a letter of delegation made in the name of C representative I to the victim F, and made a false statement to the effect that “I (real name D) delegated all of the powers with respect to a newly-built factory that will be newly built in the Nam-gu, Ulsan-gu, Seoul, and three pages, and would have been delegated by I (real name D).”

However, in fact, the defendant did not have the ability to build a new factory as above, so even if he received 60 million won from the injured party, he did not have the intention or ability to construct the new factory.

Accordingly, the Defendant, in collusion with D, by deceiving the victim, and then deceiving the victim from the Defendant on June 30, 2015, received 60 million won from the Gwangju Bank account in the name of the Defendant from the Defendant to the Gwangju Bank account in the name of the Defendant.

2. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by this Court, the evidence submitted by the Prosecutor alone is insufficient to acknowledge the fraud, and there is no other evidence to acknowledge it.

① From December 2014 to July 2015, F known D that it was trying to build a manufacturing factory in Ulsan-gu J around November 2014, F paid KRW 17 million on several occasions, including KRW 60 million of the instant facts charged, from December 2014 to July 2015.

② Around March 2015, F was introduced by D to Defendant who was in charge of designing and supervising a new factory.

(3) D shall undertake the design and supervision of new construction works.