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(영문) 제주지방법원 2020.02.07 2019고단744
사기
Text

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

Reasons

1. The facts charged and the summary of the indictment

A. (1) Around May 2015, the Defendant stated that “A victim C (year 54) will pay the cost of construction on the ground of the installation of a hot water pipe boiler boiler at the construction site B (year 54).”

However, the defendant did not have any particular property at the time, and reached about KRW 700 million, and the company of the defendant's management was at least 6-7 construction sites, and even if he received construction payment from the owner, he was forced to input other funds at the other site or to use accumulated transaction account accounts, personnel expenses, etc., so even if the victim had done installation works of a hot water boiler boiler, he did not have any intent or ability to pay the construction cost.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim do the installation of a hot-water boiler equivalent to KRW 7,100,000, and did not pay the construction cost, thereby acquiring pecuniary benefits equivalent to the same amount.

B. On July 2015, the Defendant stated that “The Defendant would cause the Victim C to construct the pumps, at the place described in the foregoing paragraph,” “I will do so with the cost of installing the hot water pipe boiler boiler before doing so.”

However, the defendant did not have any particular property at the time, and reached about KRW 700 million, and the company of the defendant's management was about 6-7 sites, and even if he received construction payment from the owner, he was forced to input other funds at the other site or to use accumulated business account accounts, personnel expenses, etc., so even if the victim did so so, he did not have any intent or ability to pay the construction cost.

Nevertheless, the Defendant, by deceiving the victim as above, has the victim carry out construction works equivalent to KRW 15,152,00,000 and did not pay the construction cost.

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