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(영문) 서울북부지방법원 2018.05.10 2017고단4531
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is the head of D, the inspector located in Seongbuk-gu Seoul Metropolitan Government C.

On December 27, 2016, the Defendant, upon commencing remodeling construction works for the operation of the D University and the Dong (hereinafter referred to as the “building of the instant inspection”) to the victim E, would pay the construction cost by receiving a credit guarantee from the lighting.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any authority over the issuance of the debt of the assistance species, and there was no intention or ability to pay the construction cost individually.

As such, the Defendant, by deceiving the victim, had the victim take part in the construction work from around that time to February 2, 2017, and caused D to obtain pecuniary benefits equivalent to KRW 450 million.

2. The major evidence that corresponds to the facts charged in the instant case reveals that the victim E’s statement, the fact confirmation that the Defendant prepared by the victim, the Defendant’s Defendant of NNN NN NN NN had not ordered the victim to conclude a construction contract on the instant temple building, and the victim demanded that the subcontractor suspend construction as the victim did not proceed with the construction work.

In light of the following circumstances, FNN’s statement is difficult to believe, the victim’s statement and factual confirmation, and the remaining evidence submitted by the prosecutor is insufficient to recognize the facts charged, and there is no other evidence to prove it.

① The instant temple building was suspended for this reason by the construction business operator H, before the injured party executes the instant temple building construction work.

F N. N. N.N. had taken office on June 9, 2016 with D’s knowledge and requested to assist in remodeling works in order to normalize the said works by communicating the defendant who was known from Oct. 2016 to Oct. 1, 2016, and if the defendant resumes the works, the work will be estimated.

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