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(영문) 대전지방법원 천안지원 2017.08.18 2017고단137
사기
Text

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

Reasons

1. The summary of the facts charged is a person who is engaged in construction business.

On July 7, 2011, the Defendant made a false statement to the effect that, within the “D” coffee shop located in Sacheon-si, the Defendant: (a) delegated his mother with the authority from the victim F, the owner of the building, regarding the construction of the E-type Housing, to G, “on July 20, 2011 to November 30, 201, the construction will be completed from July 20, 201 to November 30, 201; and (b) the Defendant would change down payment of KRW 100 million.”

However, the defendant did not have an intention or ability to normally carry out construction even if he receives money as the contract deposit in the state of bad credit standing at the time.

As above, the defendant deceivings the above G and received 100 million won as the down payment from the damaged person who received the above contents through the above G.

2. According to the standard contract for the construction work, copy of passbook, statement of the victim, etc., it is recognized that the contract for the construction work (hereinafter “the construction work of this case”) was concluded between the Defendant and G on behalf of the victim with respect to the construction work of the said new house (hereinafter “the construction work of this case”) and the Defendant received the said money from the injured party. The fact that the construction work of this case was interrupted while the Defendant was performing the construction work of this case, and the fact that the Defendant had been in bad credit standing at

However, in full view of the following circumstances recognized by each evidence duly adopted and investigated by this court, it is not sufficient to recognize that the evidence submitted by the prosecutor alone had the criminal intent to acquire the defendant, and there is no other evidence to acknowledge it.

① According to the instant construction contract, the Defendant received a down payment of KRW 100 million on the day of the contract, and KRW 100 million after the completion of pelvising construction, etc., and received construction payment from the injured party according to the progress of the instant construction project.

(2) The Defendant has received an amount equivalent to the down payment from the injured party according to the instant construction contract.

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