beta
Text
The defendant shall be innocent.
Reasons
1. On April 30, 2014, the Defendant would promptly receive 300 million won of construction cost for loan construction works conducted in the E company at the end of May, 2014 from the victim D, who was a stock company C business employee, at the construction site of Bupyeong-gu, Seocheon-gu B at the construction site.
“..” On May 8, 2014, at the construction site of the Dara in Pakistan F, demanded the delivery of building materials to the same effect as the victim.
However, the Defendant did not have any intent or ability to pay the price even if he received the materials from the injured party, because the Defendant, while carrying out various military projects without any specific property, provided that the construction cost paid to the owner for the materials in another construction site, such as the payment of the price for the materials in another construction site.
Nevertheless, the Defendant, as seen above, received building materials equivalent to KRW 10,155,500, such as divers, etc. on April 30, 2014 from the victim, by deceiving the victim and deceiving the victim, and received construction materials equivalent to KRW 22,768,00 on May 8, 2014.
Accordingly, the defendant, by deceiving the victim, acquired the property amounting to 32,923,50 won in total.
2. Determination
A. The defendant and his defense counsel's assertion that a part of the supply price was not paid to the victim until the defendant due date was due was due due to changes in circumstances where the defendant was unable to receive the payment of the construction price claims that he would receive from another construction site, and the defendant does not receive the materials of this case from the beginning with the intention of deceiving the victim or deceiving property.
B. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the following facts, etc. were received as evidence as alleged in the facts charged of the instant case, as alleged by the Defendant.