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(영문) 서울서부지방법원 2019.05.15 2018고정1073
사기
Text

The defendant shall publicly announce the summary of the judgment against the defendant not guilty.

Reasons

1. The summary of the facts charged is the person who requested the Defendant to construct the interior of the first floor house, and the victim B.

On August 2017, the Defendant concluded that the Defendant would complete the remodeling construction work on the first floor of the Seodaemun-gu Seoul Building C (hereinafter “instant housing”) until September 2017, the first floor of the said housing (hereinafter “instant construction work”) until September 2017, if he/she paid the victim KRW 15 million as the construction cost.

However, the defendant did not have the intent or ability to complete the above construction even if the construction cost is paid to the victim.

The Defendant received a total of KRW 11 million over three occasions by allowing the Defendant to deposit KRW 6 million, KRW 4 million, and KRW 1 million into a bank account (G) in the name of “F,” which the Defendant informed from the victim’s D Bank account (E).

2. According to the evidence duly adopted and examined by this court, the fact that the Defendant was suspended from performing part of the instant construction work after being awarded a contract with the victim as stated in the facts charged, and that the Defendant received a total of KRW 11 million from the victim until the discontinuance of the said construction work.

However, in full view of the following facts and circumstances admitted by the above evidence, the evidence submitted by the prosecutor alone did not have the intent or ability to complete the construction work for the defendant at the time of the instant construction work.

It is difficult to view that there was proof of guilt to the extent that there is no reasonable doubt as to the fact that the defendant deceivings the victim as above and received a total of KRW 11 million from the victim, and there is no other evidence to acknowledge it.

On February 2017, the previous victim’s mother of H around February 2017, the Defendant was awarded a contract for the boiler construction and piping construction of the building in which H had resided at H’s request and completed the said construction work (the increase in KRW 500,000).

B. From 1, H is around June 2017.

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