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(영문) 대구지방법원 2016.02.18 2015고단3064
사기
Text

The defendant is not guilty. The summary of the judgment of innocence is publicly notified.

Reasons

1. On April 16, 2012, the Defendant, at the office of “E” operated by the victim D in Daejeon-gu Daejeon-gu Daejeon, the Defendant ordered the victim to replace the central heating facilities of the said apartment with the individual heating facilities from the representative meeting of the occupants of the G apartment in Daegu-gu, Daegu-gu.

Since the removal of scrap metal from the site is to be the same as that of the removal work, it will sell approximately 300 tons of scrap metal generated while performing the removal work.

From November 15, 2012 to November 28, 2012, scrap metal is collected later.

“A false statement” was made.

However, at the time, the Defendant was in the process of consultation to receive an order to replace the heating facilities of the above G apartment, but did not enter into a contract regularly. In the case of the removed apartment, if the construction cost is at least two million won, the Defendant is required to select the construction company through the open bid. However, even if the Defendant did not comply with the above open bid or agreed to proceed together with the removal construction, it did not have the right to sell the scrap metal coming from the site arbitrarily to the victim even if the construction is ordered to replace the above apartment heating facilities.

As such, the Defendant: (a) by deceiving the victim; (b) concluded a contract for the scrap metal trade with the victim; and (c) transferred KRW 50 million on the same day as the price for the scrap metal from the victim; (d) KRW 50 million on April 20, 2012; and (e) KRW 110 million on August 22, 2012 to the account of the Daegu Bank of Korea with the Defendant.

2. Determination

A. At the time of receiving the scrap metal from the injured party as advance payment, the Defendant agreed that the representative meeting of G apartment occupants and the removal of central heating facilities would be responsible for the Defendant. However, as the chairman of the occupants’ representative meeting changed thereafter, it was impossible to remove the metal from the wind excluded from the removal construction, and there was no lack of the victim from the beginning.

c) argument;

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