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(영문) 서울중앙지방법원 2016.02.04 2015노801
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding 1) When the Defendant entered into a subcontract with the victim E (hereinafter referred to as “victim”) at the time when the Defendant entered into a contract with the victim, C Co., Ltd. (hereinafter referred to as “C”) operated by the Defendant (hereinafter referred to as “Mining”) is the original Cheongyang G District Land Adjustment Association (hereinafter referred to as “Gwanyang Land Adjustment Association”) which received civil engineering works (hereinafter referred to as “Mayang Civil Works Corporation”) from the Mineyang G District Land Adjustment Association (hereinafter referred to as “Mayang”), the Defendant entered the said “FP” as the Defendant Company for reasons for appeal, but the FP was changed to H on July 27, 2009.

Some civil works were subcontracted by H (hereinafter referred to as “H”).

Therefore, the defendant thought that he can receive a subcontract for part of the civil works from H, and that he will give a subcontract for the civil works to the victim.

It was discussed.

There was no intention to acquire money by deceiving the victim.

2) D Co., Ltd. (hereinafter referred to as “D”) operated by the criminal defendant against the victim I (hereinafter referred to as “victim”) (hereinafter referred to as “D”) is awarded a subcontract for the said civil works by the F Qu Co., Ltd. (hereinafter referred to as “F Q”) which is the primary business entity of the Asan City Civil Works (hereinafter referred to as “Asan Civil Works”).

In addition, at the time of concluding a subcontract contract with the victim, the defendant notified the fact that construction permission was not granted to the above construction site and that D is the subcontractor.

The Defendant had the intent to subcontract the Asan Civil Works Corporation to the victim, but the F Q failed to subcontract the civil works to the Defendant, thereby preventing the Defendant from subcontracting the civil works to the victim.

3) K Co., Ltd. (hereinafter referred to as “K”) operated by the defrauded against the victim M (hereinafter referred to as “victim”) by the Defendant is Z.

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