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(영문) 수원지방법원 2017.05.11 2016고단6109

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, as the representative director of E Co., Ltd., the Defendant, 2016 order 6109, started construction with subcontracting a subcontracted concrete part of the steel-frame construction works for H relocated local government office buildings scheduled to be newly built in G at Naju from F Co., Ltd. on May 12, 2015.

On May 20, 2015, the defendant requested the victim I who visited after receiving a written estimate from the above site office to submit a written estimate in advance, and requested the victim I to use it as unit price.

The material price will be paid immediately at that time because the material price comes from the original company between the 10 to 20th of each month.

“The phrase “ was false.”

However, in fact, the defendant lacks basic funds necessary for the field operation, and even if he/she receives goods from the injured party due to obligations incurred in another field, he/she did not have the intention or ability to pay the price normally.

Nevertheless, the Defendant, as such, by deceiving the victim and receiving the amount equivalent to KRW 240,00 from the victim on June 15, 2015, the Defendant received from the victim, as indicated in the list of the attached crimes, a total of KRW 83,351,290 from August 19, 2015, and obtained the delivery of construction materials equivalent to KRW 83,351,290 from that time to August 19, 2015.

The Defendant, as the representative director of E Co., Ltd., on May 12, 2015, was awarded a subcontract for the construction of steel reinforced concrete construction works of H relocated office buildings in H local areas scheduled to be newly built from F Co., Ltd. in Naju to G on May 12, 2015 and constructed from May 21, 2015.

On May 2015, the Defendant entered into a contract to receive meals from the victims of the construction site through the employees M, etc. at the “L” restaurant operated by the victim K, which is located in the J of the Republic of Korea, and to pay the amount of such meals for the next month.

However, there are little funds of the company in fact, and there are many debts, such as advance payment to be used only at the construction site of this case, and partial use of the debt repayment incurred at another site.