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(영문) 대전지방법원 2017.11.07 2016고단2872
사기
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. On December 10, 2014, the Defendant is obliged to pay the victim the amount calculated by adding 10% of the above wages after receiving the construction cost from the contractor, through F, from the E office for the victim’s D operation in Sejong-si around December 10, 2014 to F.

The phrase “ makes a false statement.”

However, the fact was that G’s funds were insufficient at the time, and “the site of the third H shop construction site,” which was in the construction work in G, did not receive any more construction cost as there was suspicion that the Defendant used the construction cost that he had already been paid for another purpose. “The site of the construction work in the third Class J” had already received the construction cost from L, a recipient, and “the Daejeon Middle-gu M&D site” was paid directly by the recipient, and thus, there was no additional payment for the construction cost due to the lack of intent or ability to pay the said payment to the victim even if the victim paid the said payment for the wages.

Around December 10, 2014, the Defendant paid KRW 13,135,00 to N workers at the construction site of H H shopping district around December 10, 2014, and had the Defendant pay KRW 92,07,500 in total for 19 times from around that time to January 20, 2015, as shown in the list of crimes in attached Table.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. According to the current status of payment by substitute, bank transaction details, confirmation of the fact of preparation of theO (A's form), each entry of the statement of wages in the first prosecutor's examination protocol against the defendant, and part of the statement in the first prosecutor's examination protocol against the defendant, each of the workers of the first through 15 in the H commercial construction site is all the workers of the H commercial construction site (as a result of the transaction details, arbit 15 workers are not P but P), and G operated by the defendant is claimed 172,95,950 won in the H commercial construction site at the H commercial construction site at the H commercial construction site at the H commercial construction site at the H commercial construction site at the 172,95,950 won.

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