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(영문) 대전지방법원 홍성지원 2016.06.14 2015고단842
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. A summary of the facts charged by the Defendant around August 14, 2006, to the victim D on the following grounds: “The Defendant is running a new construction project for the Chungcheongnam-nam Budget-gun F,” and the Defendant changed the joint and several guarantee for the amount of ready-mixed when the E in charge of the construction is supplied with ready-mixeds from G. There is no problem because E would pay the amount of ready-mixeds as a substitute for the amount of ready-mixeds after the construction of the sub-construction of the sub-loan, and then, it would offer loan one bond upon completion of the sub-loan.

“In the end, the victim believed it to be a joint and several surety for the obligation of ready-mixed to E, and received 146,573,295 won from G from December 20 of the same year. From the beginning, the victim was supplied with ready-mixed equivalent to KRW 146,573,295 from G until December 20 of the same year. In the absence of a plan to procure specific project costs from the beginning, the victim was unable to pay KRW 144,573,295 out of the above ready-mixed with the wind where the construction is discontinued immediately due to the shortage of funds (i.e., payment of KRW 2 million), and the victim was liable for the joint and several surety for KRW 144,573,295.

1. Fraud related to the issuance of bills;

A. On January 21, 2008, the Defendant, at the Defendant’s office located in Chungcheongnam-gun budget group H around January 21, 2008, would pay the victim D the amount of the bill to be paid by the Defendant for the purchase of and resale of the dumped goods, such as home appliances, if the amount of funds is insufficient for the Defendant’s business to purchase and resell them, then the Defendant would pay the profits using the same and then pay the amount of money to the Defendant who is responsible for the joint and several liability for G, and pay the amount of the bill by three months after the payment.

“.......”

However, even if a bill is issued by the injured party, the Defendant did not have a plan to repay the existing ready-mixed obligation to G even if the bill was issued by the injured party, and part of the discounted amount was used for the Defendant’s living expenses at discount, etc., and some of the discounted amount was given to the Defendant’s friendly job offering I as investment funds, and the golf course was operated at the time.

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