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1. The judgment below is reversed.
2. The defendant is not guilty; 3. The defendant shall notify the defendant of the summary of the judgment.
Reasons
1. On November 2, 2006, the summary of the facts charged in the instant case was sentenced to a suspended sentence of two years for ten months of imprisonment due to fraud, etc. in the Changwon District Court’s common branch branch on November 2, 2006. The said judgment became final and conclusive on July 28, 2007.
The defendant is the representative director of the social welfare foundation C and the director of the Diplomatic Association, and is the person who operates F in Jinsung-gun E.
On August 8, 2006, the Defendant stated that “The victim H, the representative director of G Co., Ltd, was almost completed at the construction site of the F dormitory, and no completion inspection was conducted on the wind due to typhoons, and that “the construction cost will be paid with the subsidies paid by the Gun after undergoing the completion inspection on the remaining construction works, such as the lost stable construction.”
However, even if the Defendant received a subsidy for additional support for F new construction costs from Gyeongsung-gun, it was registered with the Credit Counseling and Recovery Committee at around that time due to bad credit and debt excess. The Defendant did not have any particular property under the name of the Defendant, and did not pay not only any specific property but also 45,00,000 won borrowed from I, thereby having been accused of fraud as stated in the above crime records. The Defendant did not pay 46,706,000 won for the construction of the dormitory retaining wall of this case to J, which was subject to provisional attachment on June 5, 2006 at the Dong branch of the Busan District Court, the Busan District Court did not pay 39,75,000 won for the above dormitory E, which was the land of the said dormitory site, and did not have any capacity to pay 15,300,000 won for the construction cost, even if the victim did not have any capacity to pay 39,75,000 won for the construction work.
Nevertheless, the defendant deceiving the victim as such, and let the victim do so, the above dormitory for about 20 days from the beginning of August 2006.