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(영문) 청주지방법원 2016.08.11 2016고정47
사기
Text

The defendant shall be innocent.

Reasons

1. On June 17, 2011, the Defendant stated in the facts charged that “The victim company employees E, a company that produces, sells, and sells wooden housing construction materials in the Namyang-si, the Namyang-si, said company E, “I will pay the price to be paid if I would supply the materials necessary for the construction.”

However, the defendant did not have any intention or ability to pay the material cost even if he received the material from the victim company because he had no particular property and received the cost of construction.

However, the Defendant received from the victim company a total amount of KRW 8,859,700 from the market price around that time.

Accordingly, the defendant was given property by deceiving the employees of the victim company.

2. According to the records, while the Defendant was carrying out the repair and retaining wall construction in Gyeonggi-gu G, Gyeonggi-do G, it is recognized that the Defendant did not pay the price even after being supplied by the victim company with an amount equivalent to KRW 8,859,700 as necessary for the said construction, while having been supplied by the victim company on June 2011.

However, in light of the following circumstances revealed by the record, at the time when the defendant was supplied with the above wood, there was a criminal intent to obtain the above wood by fraud.

It is difficult to see it.

① After the Defendant received necessary wood materials from the victim company to carry the above construction site from the victim company, an industrial accident involving human resources was occurred (169 days of hospitalization (142 days of entrance, 27 days of entrance), and the Defendant appears to have failed to properly manage the above construction site by taking care of the industrial accident.

(2) A person who has completed the aforesaid construction works in the process and the defendant shall eventually be the owner of the building.

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