(영문) 서울남부지방법원 2015.04.23 2014고단4308

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(영문) 서울남부지방법원 2015.04.23 2014고단4308

사기

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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On November 2013, the Defendant entered into a construction material supply contract with the following: (a) on the construction site of the Dongdaemun-gu Seoul Metropolitan Government Cre-building apartment; (b) on the part of the victim E, who actually operates construction material sales business, the victim E, who actually operates the construction material sales business; (c) the settlement is the site manager of F (F) in cash at the end of the following month; and (d) the settlement is the site manager of F (State).

However, the Defendant, as the so-called “Executive Director” of F (State), borrowed materials from F only in the name of the Corporation, and was subcontracted from F (State) to perform the said field construction work, and did not have any other property. Therefore, even if the Defendant was supplied with materials on credit by the victim, he did not have the ability to pay the materials.

At the end of this defendant, the defendant was called the head of the field office of F (State) affiliated with the above site, and the defendant was obtained from the victim to January 25, 2014, a total of KRW 15,017,664 won and acquired it by fraud.

2. On January 2014, the Defendant: (a) carried out the construction site of Hwa Holdings in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) the victim D as the field manager of F (State) as described in paragraph (1); and (c) “The unpaid amount in the C site shall be treated by the end of January; (b) supplied materials at the construction site of the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government.”

However, the Defendant, like the facts stated in Paragraph 1, was performing the above construction work with the so-called “the executory office” of F, and there was no other property specially owned. Therefore, even if the Defendant was supplied with the materials on credit from the victim, he did not have the ability to pay the materials on credit

On January 25, 2014, a sum of 13,909,821 won was obtained from the victim, who was called the site manager of the above site F (State) by deceiving the defendant at the end of such defendant, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. The police of D. D.

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