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(영문) 수원지방법원 2014.05.21 2013고단5246
사기
Text

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

Reasons

1. In the facts charged, the Defendant is a person who has overall control over the construction site with D’s delegation from the owner of the construction site of the 4th floor commercial building in Gwangju-si (hereinafter “instant construction”) at the time of Gyeonggi-si, and the victim E was in charge of the construction work at the said construction site.

Around September 1, 2011, the Defendant stated that “Around the construction site, the Defendant would receive progress payment from the owner of the building, if he/she borrowed KRW 8 million out of the progress payment for the Changho Construction Project that he/she received from the owner of the building, and he/she would receive progress payment immediately,” from the owner of the building.

In addition, around September 9, 201, the Defendant demanded to additionally lend KRW 10 million to the victim while talking about the same purport to the victim by telephone at the same place.

However, in fact, the Defendant did not have any fixed income at the time, and there was no particular property in the name of the Defendant, and the financial institution was thought to use most of its loans from the victim for the cost of living. Moreover, since there was a construction cost set by the field of construction before the commencement of the construction work, but it was unclear whether the construction is able to receive the payment for the completed portion, etc. from the owner because there was a large portion of the intermediate change or added portion in the construction work, it was eventually unclear whether the payment for the completed portion can be made properly, even

Accordingly, the Defendant, by deceiving the victim as such, received a total of KRW 18 million from the victim, including KRW 8 million on September 1, 201, and KRW 10 million on October 10, 201, and KRW 18 million on the same month.

2. According to the records, D shall preside over the instant construction work within the scope of the agreed construction cost between the Defendant and the Defendant in spring around 2011, and D shall have its passbook and its passbook to the Defendant.

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