logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.06.24 2015고단2983
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant, from July 2012 to July 1, 2012, participated in the construction site of a new apartment site located in Seodaemun-gu Seoul, Seoul as the head of the construction team of the E Co., Ltd., a telecommunications construction subcontractor.

On July 12, 2012, the Defendant made a false statement to the effect that “The Defendant would immediately pay the price of the materials when he/she received the payment of the construction work from LG P, upon completing the construction work and receiving the payment of the construction work from LG P,” while making a telephone conversation with the business employees G of the Victim F, Ltd. (hereinafter “victim Company”).

However, the defendant did not intend to pay the price even if he received the communication materials from the injured party.

On July 18, 2012, the Defendant received three parts from the victim company: (a) 11 hybrids of 1,815,000 won in total at the above construction site; (b) 19 hybrids of 4,598,000 won in total at the market price at the same site around September 24, 2012; and (c) 726,000 won in total at the same site around September 27, 2012, respectively at the same site (FDFs).

Accordingly, the Defendant, by deceiving the victim company, received communication materials equivalent to 7,139,000 won in total.

2. Determination

A. According to each of the statements made by H and I in this Court, the following facts can be acknowledged.

(1) The Defendant received communications materials from the victim company in relation to the Internet short-term construction work among the J apartment construction work of this case (hereinafter “instant construction work”). The price for supply of the instant construction work was paid to the Defendant by receiving construction cost from the K Co., Ltd. (hereinafter “K”) who contracted the instant construction work.

(2) However, the Defendant completed the instant construction and settled accounts with K on January 17, 2013, and remaining 2.

arrow