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(영문) 의정부지방법원 고양지원 2016.06.17 2016고정246
사기
Text

The defendant shall be innocent.

Reasons

On October 8, 2013, the Defendant agreed to jointly develop a total of seven parcels of forest land, such as Ilyang-si E, F, G, H, I, J land, and L, which is owned by the victim Co., Ltd. C, as a factory site, the Defendant agreed on October 8, 2013, and agreed to jointly develop a total of seven parcels of forest land, such as the land owned by the victim Co., Ltd., Ltd., for a factory site, the Defendant would first bear all the expenses related to the permission for the establishment of a factory, and

On September 9, 2013, the Defendant obtained approval for the establishment of a new factory from the ancient city on the site of the above factory, and thereafter filed a claim against C for KRW 13 million under the pretext of permission for the establishment of the factory around that time, and that “M paid KRW 20 million under the pretext of the construction design cost, so the Defendant paid the cost to M, which would cause the settlement of the cost.”

However, the defendant only entered into a construction design contract with M and did not receive design services from M.

On October 14, 2013, the Defendant deceiving C as such and caused C to be transferred KRW 20 million, which is owned by the victimized company, as a non-construction design cost.

Judgment

In full view of the following circumstances admitted by the evidence duly admitted and examined by this court, the evidence submitted by the prosecutor, witness C and N alone, and the statement by the witness C and N, were delivered KRW 20 million by deceiving the victim.

It is difficult to see, and there is no other evidence to acknowledge it.

① Around August 2011, the Defendant entered into an investment agreement on the creation of factory site (the page 81 of the investigation record) with the victim, and the Defendant agreed to distribute the profits from the business to 50:50 instead of performing all the business necessary to obtain permission for the establishment of factory in the above land.

The defendant has been approved on September 9, 2013 for the new construction of a factory by carrying out business to obtain permission for the establishment of a factory in accordance with the above contract.

② When the Defendant obtained approval for the establishment of a new factory as above, the expenses have been incurred to the victim.

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