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(영문) 대전지방법원 2012.07.20 2011고정2814
사기
Text

The defendant shall be innocent.

Reasons

1. On January 29, 2010, the Defendant: (a) operated the Daejeon Branch Co., Ltd. Co., Ltd. Co., Ltd. of Daejeon; (b) made a false statement to the effect that “Around January 29, 2010, the Defendant, via F, a business employee in the victim E’s house located in the Gyeyang-si, the main text of the facts charged, “at least two months after the preparation of a solar power supply project contract.” Of the total construction cost of KRW 7 million, 2 million may be subsidized from Chungcheongnam-do; and (c) one million won may be subsidized from Chungcheongnam-do; and (d) one million won is particularly informed of the support in the Gyeyang-si, the main text

However, the fact is that C did not have a branch office with the defendant as the branch office, so C did not have any relationship between the defendant and C. The above solar power distribution project was determined by the designated entity, and even if the defendant received the money from the victim, the defendant did not have the intent or ability to make the solar power generation project desired by the victim by filing an application for solar power installation project.

Nevertheless, the Defendant, as above, by deceiving the victim, received 70,000 won as the down payment from the victim to the agricultural bank account in the name of the Defendant’s wife G.

2. In full view of the records of the instant case, the following circumstances are recognized:

1) The Defendant recruited applicants who wish to participate in the project for the proliferation of solar houses under the control of the government, and then introduced applicants to companies operating solar energy installation projects (H projects) and received prescribed fees from the main companies. 2) In this process, the Defendant used the trade name called Daejeon Branch of Co., Ltd. C, one of the solar installation projects companies, which was actually a cooperation company of Co., Ltd., in accordance with the recommendation of the JJ operating the I as a cooperation company of Co., Ltd.

The J has a business practice to make such a proposal by connecting C or any other solar-powered installation company upon receipt of the application by the defendant, etc.

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