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(영문) 창원지방법원 2015.11.04 2015고단1550
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the charge was received from the victim C to the extension of the factory in Kimhae-si D (hereinafter “E”) around March 25, 2014 by the Defendant, who received the payment of KRW 200 million.

On April 1, 2014, the Defendant called the victim in the above E plant to the effect that “I will begin construction of the order for ready-mixed, without the consent of the owner.” The F Company stated that “I will bring the order contract to the owner, only one private person, if I would bring the order contract to the owner.”

However, even though the defendant tried to put up the above victim as a joint and several surety for his/her obligations for the payment of ready-mixeds from the beginning, he/she concealed such intent and deceiving the victim as if he/she was a mere document approval procedure.

As above, the Defendant had the victim enter his name, personal information, and the maximum amount of the guaranteed debt (27,916,900 won) in the joint and several surety column of the order contract presented by the F company employees G on the same day, and had the victim sign and seal the above order contract and obtain pecuniary benefits equivalent to the maximum amount of the guaranteed debt.

2. Determination

A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.

Even if there is no choice but to judge the interests of the defendant.

B. The Defendant asserts that the victim’s mother and E were the victim’s actual operator, and that the project owner’s joint and several liability needs to be provided in advance.

On the other hand, H or the victim does not have the intent of the necessity of joint and several sureties from the defendant, and merely does it order the 'responding'. It is ordered without the consent of the owner.

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