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(영문) 서울중앙지방법원 2014.07.16 2013고단6555
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the person who was the representative director of the Dao District Housing Association Co., Ltd., which was the execution agent of the apartment construction project in the Dao District.

On February 20, 2010, the Defendant, at the GG office located in Gangnam-gu Seoul Metropolitan Government F, concluded that “Around February 20, 2010, the Defendant is acting as an agent for the victim H to implement the apartment association in the GG office of the Gangnam-gu Seoul Metropolitan Government, and the project is suspended due to the lack of model housing construction funds being constructed directly by the KGE. If the KGE lends KRW 400 million, the remaining construction works will be transferred at a fair rate of 50%, and the construction cost will be KRW 1.7 billion upon completion of the project.” From the above construction cost, the Defendant falsely stated that “a refund shall be made only by adding up 10% profits to the execution amount executed by the KGE.”

However, on December 20, 2009, the defendant was awarded a contract to the KCAB to the KCAB in the amount of KRW 1.9 billion, and since the KCAB had been performing the construction project, it was not possible for the victim to contract the construction project.

Nevertheless, on February 20, 2010, the Defendant, by deceiving the victim as above, entered into a construction contract with the victim's office in the Seoul Office of the Dispute Resolution Co., Ltd. on or around February 20, 2010, and acquired KRW 300 million from the victim to the account in the name of the Dispute Resolution Co., Ltd. on or around March 3, 2010 and acquired KRW 100 million from the victim.

2. As to the above facts charged, the Defendant alleged that at the time, the Defendant had told H that the construction of a new model house is in progress by another company. Therefore, we examine whether the Defendant concealed this point at the time and deceiving H like the above facts charged.

Compared to this, H’s statement in this court and investigative agency, H’s statement, accusation and statement, Seoul Central District Court 2012Kahap57069, J of the J of the Seoul Central District Court 2012 J of the J of the examination of the witness (the investigation record 1°169, the Seoul High Court 2013Na14592, the protocol of examination of the witness (the investigation record 1°429, the investigation record 429, the investigation record), K and J.

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