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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. On July 8, 2013, the Defendant concluded a contract with the victim E to establish a cafeteria “D” restaurant on the first floor of Seoul CA building, and concluded a contract with the victim for interior works, which is equivalent to KRW 26.5 million, that “The Defendant would pay all the construction cost by the end of September 2013 on the first floor of the building and by the end of September, 2013.”
However, there was no particular asset at the time, and there was a total of KRW 137 million, including national pension, value-added tax arrears, and personal debts, and due to opening up a cafeteria in the number system for the payment of down payment and intermediate payment of the construction cost, etc., even if the operating profit accrued from opening the cafeteria in the above building, it was required to pay the remainder of the construction cost, etc. within the agreed period, as the victim did not have any intent or ability to pay the balance of the construction cost, etc. within the agreed period, even if the construction contract was concluded.
Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) caused the victim to complete a restaurant interior work on July 2013, 201 pursuant to the above construction contract; and (c) acquired pecuniary benefits equivalent to KRW 1,4350,000 of the construction cost, by having the victim complete the restaurant interior work on the first floor of the building.
2. Determination
A. According to the instant evidence, the following facts are acknowledged.
1) The above Defendant is the D cafeteria (hereinafter “instant cafeteria”).
A) F and G agreed to open a restaurant with F and G. Accordingly, F entered into a lease agreement and registered business under its own name, G was entrusted with the main day, and the Defendant was engaged in the restaurant business. (ii) The Defendant entered into a contract for the artificial park construction of the instant restaurant at KRW 26,50,000 (excluding value-added tax) around July 8, 2013 upon introduction of G, with the introduction of G, and entered into a contract for the artificial park construction of the instant restaurant at KRW 26,50,000 (excluding value-added tax).
E. The E.