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(영문) 수원지방법원 안양지원 2013.11.08 2013고정487
사기
Text

The defendant shall be innocent.

Reasons

1. On January 1, 2012, the Defendant: (a) subcontracted the floor removal works of D Elementary School Class C, sand brokerage works, and wall gate works in Gansi-si area with Lanman Co., Ltd. and directly performed the removal works; and (b) ordered the removal works to re-subcontracted with 16,062,750 won in the victim E management (juf) capital.

At the time, the Defendant had the obligation of KRW 200,00,00,000, such as the personal wages of the existing construction site, and the purpose was to cover the above obligation even if the subcontract amount was received from Korea due to extremely bad financial standing, and there was no intention or ability to pay the said re-subcontract to

Nevertheless, the defendant issued the victim's false name that he is not the subcontractor of IC, but G, and that "if he completes the construction by January 20, 2012, he will immediately pay the completion of the construction."

Accordingly, the victim completed the said sub-subcontracting construction between January 6, 2012 and January 20, 2012, but the Defendant did not pay the said sub-subcontracts even though he/she received the full payment of the construction cost from us around that time.

As above, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 16,062,750.

2. Determination

A. The Defendant denied the above charges with the victim’s intent to repay and capacity at the time of concluding a contract with the victim, even though it was true that the victim failed to pay the construction cost from time to time.

B. In light of the following circumstances, the Defendant, upon receiving a subcontract for D elementary school construction from Korea L&C, was permitted to use the position called G from Korea L&C and used the name of the name of the Defendant as stated above, and the Defendant around January 7, 2012.

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