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The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. Facts charged;
A. The Defendant, at the D office in Geumcheon-gu Seoul Metropolitan Government, around July 2009, intends to build an apartment-type factory in Chuncheon City by the victim E, a stock company F (hereinafter “F”) who is a representative in the inside of the Seoul Metropolitan Government, to build a new apartment-type factory in Chuncheon City. The Defendant must pay the operating expenses up to October 30, 2009, as the operating expenses are required.
In addition, until October 30, 2009, it would be ordered to receive an order for electrical construction during the above construction.
“A false representation was made.”
However, around that time, the Defendant had failed to pay taxes equivalent to KRW 186 million at the Chuncheon tax office, etc. while on the other hand, the Defendant did not have any specific revenue or property, and thus, there was no intention or ability to pay the said money on the date of the said construction or promise made by the victim.
On July 23, 2009, the Defendant received 100 million won from the damaged party to the Suhyup account of F name.
Accordingly, the defendant was given property by deceiving the victim.
B. On January 1, 2010, the Defendant seized the F-owned land by telephone to the victim E at the location described in paragraph 1.
If you lend money, you will receive the PF loan from the trust and pay it immediately, such as the transfer loan.
“A false representation was made.”
However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent to release the above seizure. On the other hand, the F-owned land was still at the risk of compulsory commencement of auction due to the situation where the F-owned tax offices and Chuncheon tax offices and individual creditors’ seizure and provisional seizure had been completed, and therefore, the progress of the business as stated in paragraph 1 was not clear. In addition, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay the money.
The Defendant received KRW 45 million from the injured party to the bank account with the name of H (hereinafter “H”) on the 15th day of the same month.
This is the defendant.