(영문) 인천지방법원 2019.02.19 2018고정1142

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자간(%)

(영문) 인천지방법원 2019.02.19 2018고정1142

사기

Text

The defendant shall be innocent.

Reasons

1. In the facts charged, the Defendant is the owner of B’s building site at the construction site of B’s detached house (hereinafter “instant construction site”), the owner of C’s representative and the site director, C’s representative of D Co., Ltd. (hereinafter “D”), and the victim E’s representative of F Co., Ltd. (hereinafter “F”).

D around October 13, 2016, F entered into a contract with F to provide the instant construction site with the cost of KRW 16,500,000,000, and F suspended construction work as it did not grant construction cost in D while performing the construction work under the said contract.

On January 7, 2017, the Defendant made phone calls to the victim and paid the amount of money to the victim. The Defendant made a false statement to the effect that “The owner will pay the amount of construction without the mold, if he/she completed the construction as he/she is well-known as his/her mother completes the construction.”

However, in fact, the Defendant agreed to pay F’s payment of the price for F’s facility works between D and D, so the Defendant did not have any intent or ability to pay the construction cost even if the victim would have harmed the facility works. At the time, the Defendant was well aware that the owner of the instant construction site is paying the construction cost directly due to the shortage of funds, and that the Defendant is proceeding with the remaining construction works due to the impossibility of paying the construction cost due to the lack of funds. Accordingly, the Defendant was aware of the fact that the said D had no intent or ability to pay the construction cost

Nevertheless, the Defendant, by deceiving the victim as above and having the victim complete the installation work, obtained financial benefits equivalent to KRW 2,867,00 in total, including gas boiler costs of KRW 1,760,00, and 1,107,00 in total, such as the installation and operation of heating pipes, and the type of visual pressure control devices, and the installation and operation costs of heating pipes.

2. Determination

A. The evidence duly adopted and examined by the court is as follows.

유사 판례

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-대구지방법원 2020.11.11 2020나308345

-대구지방법원서부지원 2020.11.25 2017가단3288

-서울서부지방법원 2013.01.30 2012고단813

-인천지방법원 2019.06.13 2018고단6685