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(영문) 인천지방법원 2013.03.07 2011고단4828
사기
Text

Defendants are not guilty.

Reasons

1. On March 9, 2004, Defendant A entered into a design and supervision contract with the aforementioned tenant representative council, as the representative of E, who is the design and supervisor of the pipeline replacement work (total construction cost of KRW 3.95 million) ordered by the victim's Bupyeong-gu D apartment occupants' representative council. Defendant B entered into a contract for the above pipeline replacement work with the above tenant representative council on April 13, 2004 as the representative of F, which is the contractor of the above construction. The above pipeline replacement contract was completed on September 6, 2004.

Defendant

B Around August 28, 2004, at the above apartment management office, he made a false statement to the officers of the tenant representative council, such as G, the president of the tenant representative, and H, the head of the management office, that “the total construction cost cost per the estimate, design drawings, and construction specifications would change the balance of construction cost to KRW 357,40 million. As the result of supervision, the Defendant A made a false statement to the effect that “the construction was properly executed according to the design drawings and the total construction cost estimate.”

However, unlike design drawings or estimates, the difference between construction cost and construction cost is 27,654,936 won, such as the construction of a pipe, which is a low-priced pipe, and the difference between construction cost is 94,968,367 won (43,050,000 won for material saving cost, 51,918,367 won for material saving cost), and the difference is 195,463,303,000 won (27,9369,94,968, 367, 368, 7084, 700 won) since the sanitary pipeline construction cost is excessively appropriated for labor cost, and the difference is 72,840,00 won (27,65,94,9469, 968, 367, 7084,000 won).

As such, the Defendants conspired to transfer the above claim for the construction cost (3.57 million won) to the I branch of Han Bank, with the indication of consent to the assignment of claims from the officers of the above council of occupants' representatives, who hold concurrent office as victims, and with the indication of consent to the assignment of claims from the above officers of the council of occupants' representatives.

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