(영문) 수원지방법원 안산지원 2016.03.24 2014고단2660

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(영문) 수원지방법원 안산지원 2016.03.24 2014고단2660

사기

Text

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

Reasons

1. In the facts charged, the Defendant stated that, “A person operating Dwa Holdings on the 6th floor and 7th floor of the Sinpo-si Building C, the Defendant would pay the price to the victim F who actually operates E in the above Dwa Holdings office on June 2007, by offering the main works and the main supplies, etc., to the victim F who is in fact operating Dwa Holdings office at the above Dwa Holdings office on June 2007.”

However, in fact, the Defendant, without any particular property, had already been operating the said database and had not paid approximately KRW 300,000,000 of the existing debt, and had not been paid properly, and in relation to the said remodeling project, the amount of the construction cost unpaid to other construction business operators than the victim is equivalent to KRW 200,000,000, and there was no intention or ability to pay the said cost, even if the said remodeling project had been supplied with the goods necessary therefor.

Nevertheless, the Defendant, on September 12, 2007, had the victim do the main works equivalent to approximately KRW 49,00,000,000, and acquired the goods, etc. equivalent to KRW 7,690,000, total market price of the main works on October 11, 2007 from the victim, the total amount of KRW 31,368,40,000, total market price of the main works on November 9, 2007, and the total amount of KRW 84,830,00,000, total market price of the main works on December 10, 207.

2. The Defendant’s assertion that the Defendant transferred all rights to the Dweing bag (hereinafter “Sweing bag”) to G, and that the person who entered into a contract with F, the complainant, such as the instant facts charged, was not the Defendant, but G, and therefore, the Defendant did not acquire the amount of the construction cost and the amount of the goods from the complainant.

3. Determination

A. According to the records of the instant case, the following facts are recognized.

① The Defendant, as H, I, and I, operated the instant database with H, and I and I given up the shares of H and I in the instant database in 207.

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