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(영문) 울산지방법원 2013.12.06 2012고단3858
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The application for compensation of this case is dismissed.

Reasons

1. The Defendant is a man of the Namsan-gu, Ulsan-gu, a violent organization that acts as the competent officer.

Around October 2006, the Defendant: (a) knew of the fact that the victim D, who carried out a creative construction work in the name of E, was awarded a contract for an external balcony construction work and an internal interior interior interior interior decoration construction from the representative of the apartment occupant of G apartment constructed in Ulsan-dong, Ulsan-gu, Seoul-gu, and then accessed the victim; and (b) made oral agreements with the Defendant to enter into a contract for the construction work in the name of the said E.

On October 2006, the Defendant made a false statement to the head of the E team team I, a living together with the victim, stating that the Defendant would pay the cost of construction even if he entrusts the Defendant with the part of the shower construction, such as a small double hold, balcony, etc. of the said G apartment 132 households, which is the interior interior interior interior interior interior of the said G apartment, even though he does not have the intent or ability to pay the cost of construction. However, the victim’s dong E team I, “If he makes and installs shower, windows, etc. installed in the living room expansion by each household, he will give the down payment of 10% of the total amount of construction works, and the intermediate payment of 50% of the total amount of construction works, and if the intermediate payment of which is 140 million won, 10 million won of the cost of construction immediately.”

The Defendant: (a) by deceiving the victim; and (b) had the victim completed the above construction work around July 2007; (c) did not pay the victim the construction cost of KRW 140 million; and (d) acquired pecuniary benefits equivalent to the above amount.

B. On the ground of the construction site of the Ulsan-gu J building in Seocho-gu, Ulsan-gu, 2009, the Defendant made a false statement to the victim D, stating that “The Defendant would pay the cost of construction on the face of Ulsan-gu J building by doing the shower construction work, despite the fact that the Defendant was entrusted to the victim with the shower construction of the above J building, the Defendant did not have the intent or ability to pay the cost.”

As such, the Defendant deceivings the victim and deceiving him, even though the victim completed the above construction work at around that time, only 18 million won for the construction cost.

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