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(영문) 서울중앙지방법원 2017.08.10 2016고단6375
사기
Text

The accused shall publicly announce the summary of the judgment of innocence against the accused.

Reasons

The summary of the facts charged is the defendant who works as the chief executive officer of the E secondary school in South D.

On May 2014, the Defendant entered into a contract equivalent to KRW 1.1 billion for the construction cost upon requesting F to the effect that “The completion of the E middle school dormitory construction work in the state of completion of the aggregate construction work three years ago,” at the office of the president of the E middle school located in D, which was located in D before the beginning of the first day.”

After that, F entered into a contract for the construction of machinery and fire-fighting facilities to H of the G (State) and the construction to be subcontracted to the International J (State).

On May 11, 2014, the Defendant, at the above place, at the victim H, and the same J, “The construction cost of the dormitory closed is not an issue.”

It was false to the effect that the payment of the direct construction cost will be guaranteed.

However, there is no special property or fixed income, and even if the victims have completed the dormitory, they did not have the intention or ability to pay the construction cost.

Nevertheless, the Defendant deceptioned as above and received a station for the construction of machinery and fire-fighting equipment equivalent to KRW 95.8 million from the victim H from May 20, 2014 to June 30, 2014, and acquired a property interest of KRW 114 million in total after being provided with station for the construction of electric equipment equivalent to KRW 18.2 million from the victim J.

Maz.

1. In light of the evidence duly examined by this Court, the following facts are recognized.

(1) On May 24, 2013, the Defendant was elected as the president by the board of directors of a school juristic person E (hereinafter referred to as “E private teaching institute”) that operates the E secondary school, and was suspended after completion of the structural construction after June 2011.

E The completion of the dormitory expansion construction for a middle school was promoted, and the board of directors passed a resolution to resume the dormitory expansion construction from the beginning of February of the same year on January of the same year.

(2) Accordingly, the Defendant on May 2014, on behalf of E private teaching institutes, shall pay the construction cost of a dormitory extension project to KF 1.3 billion won.

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