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(영문) 부산지방법원 2013.10.16 2012고단5812

사기

Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

1. The summary of the facts charged is a person who operated an indoor construction company with the trade name of “stock company D” on the 6th floor of the Busan Suwon-gu C building.

The Defendant’s above company’s bill of exchange received as the construction price had been continuously defaulted from August 31, 2006 to December 31, 2006, and the total amount of KRW 250,000,000 has occurred. Since the financial situation was difficult rapidly due to the failure to receive separate construction price in the second half of 2007, the corporate passbook where the corporate tax and value-added tax were paid to KRW 100,000,000, which had already been seized by the competent tax office. Thus, there was no intention or ability to pay the construction price even if the Defendant subcontracted the construction to the victims.

On September 2007, the Defendant made a false statement to the victim E, who is a business operator of the GGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGGG

Around December 2007, the Defendant had the victim carry out a special lighting construction project equivalent to KRW 9 million of the construction cost, and did not pay the victim the amount of KRW 4 million of the construction cost, thereby acquiring property profits equivalent to the same amount of the construction cost.

B. On October 2007, the Defendant made a false statement to the victim H, who is a business operator of the Twit Construction in the first place of the police on the ground of the Defendant’s fraud against the victim H. (i.e., the Defendant made a phone call to the victim H, who is a business operator of the Twit Construction, for the first time, that “If the construction of the floor and the wall in the singing practice room located in Gyeongnam-si I would be calculated as average KRW 30,00 per square meter

The defendant, from the above date to November 2007, had the victim perform the other construction work in an amount equivalent to KRW 10,200,000 during the period from the above date to the above date, and did not pay the construction cost.