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(영문) 대구지방법원 김천지원 2014.04.16 2013고단1688
사기
Text

The defendant shall be innocent.

Reasons

1. On December 26, 201, the Defendant: (a) made a false statement to the victim E, who actually operates D companies; and (b) made a false statement to the victim E, who provides mid-term rental service; and (c) that “When the construction work of the factory site construction site in the Gimcheon-si would have been carried out with a mid-term equipment at the site of the construction work site in the Gimcheon-si, the Defendant would necessarily pay the price.

However, the Defendant had a debt equivalent to KRW 4,228,00,000 at the time, and even if the construction cost was paid from G as the contractor of the said construction, he thought that it was not paid to the victim, but used as unpaid oil expenses, etc., so there was no intention or ability to pay the cost of equipment from the beginning to the victim.

Ultimately, even though the Defendant deceivings the victim as above and caused the victim to do so from December 27, 201 to May 14, 2012, the Defendant did not pay KRW 39,882,50 of the equipment cost.

2. Facts of recognition;

A. On August 30, 2011, the Defendant was awarded a contract for construction cost of KRW 140,000,000 for the construction cost of the factory site in Kimcheon-si, Kimcheon-si (14 pages of investigation records), and the Defendant suspended construction with the wind detained during the construction, and was paid KRW 33,700,000 as the construction cost until July 24, 2012.

(수사기록 43쪽∽44쪽). 나.

E around December 26, 2011, after being awarded a contract with the Defendant for the cleaning of theter in the construction site at the above site, E directly performed the work by using his/her cher cher cher cirrator or had H perform the work by May 14, 2012.

C. E, from around December 27, 201 to May 14, 2012, 201, had a groundrrrrrrrrrrrrrrrrrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhrhr

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