beta
Text
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the facts charged is that the Defendant borrowed the name of D Co., Ltd. (hereinafter “D”) from D Co., Ltd. (hereinafter “D”), and executes the construction of D Co., Ltd. under a contract with D Co., Ltd. (hereinafter “D”), and the victim E, the owner, transferred the construction cost to D’s account or paid the construction cost to H, the representative director of D, and as for D Co., Ltd, the Defendant submitted evidentiary documents on the payment of the cost of construction of the instant unmanned telecom, upon the Defendant’s request for construction cost and submission of the documents on the payment of the cost of construction of the instant unmanned telecom.
On January 20, 2012, the Defendant issued 5 million won household checks to H and transferred KRW 175,00,000 to the account in the name of D, to the victim E, stating to the effect that “The pelvis Corporation has completed the pelvis Corporation, equipment, lighting, and artificial art works, but the payment of construction cost required therefor will change.”
Since then, the defendant said, at the D office L in netcheon City, that "The construction cost shall be paid to the subcontractor at the construction site of the K unmanned telecom, and the construction cost shall be paid in KRW 300 million."
However, even if the defendant receives money, the defendant did not have the intention or ability to use 22 billion won as the construction cost of K unmanned telecom, and rather, the defendant intended to use it for the studio construction being executed separately by the defendant.
Nevertheless, the Defendant, at around that time, received D’s endorsement equivalent to KRW 125,00,000 in total, KRW 25,000,000 from H’s household checks, which he received as construction price from E, and received KRW 174,00,000 from the Defendant’s account on the same day, and then received KRW 174,00,000 in total, KRW 60,000 in total, and KRW 142,00,00 in total, KRW 12.