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(영문) 대전지방법원 2015.09.09 2014고단3772 (1)
사기
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is a person who served as a representative director of the E-stock company with the second floor from March 31, 2001 to E-Co., Ltd.

On November 6, 2013, the Defendant: (a) at the victim G G Co., Ltd. office located in the Republic of Korea, the victim company executive director of the victim company, and the Hongcheon-gun Office of Hongcheon-do among the road maintenance and improvement works ordered by the main contractor, and (b) the victim company and the subcontractor company, the principal contractor, paid the subcontracted construction work as if the victim company were to receive the subcontracted construction work, by preparing the construction agreement and the statement of direct payment agreement, retroactively as of October 25, 2013, among the construction and maintenance works (I); (c) from October 25, 2013 to November 30, 2013; (d) advance payment is KRW 16,50,000 on November 16, 2013; and (e) the remainder of the construction work payment, as of November 15, 2013.

However, on March 7, 2012, the Defendant: (a) prepared a construction contract agreement with the Hongcheon-gun Office of Gangwon-do and the above Gun Office as an ordering office for the construction work for the construction work for delivery and maintenance of the urban planning road (I); and (b) received KRW 44,00,000 from the above Gun Office as advance payment on March 12, 2012; and (c) had already been paid KRW 52,449,000 from the construction work progress rate of KRW 37.7% as of December 11, 2013; and (d) the balance to be additionally paid was KRW 8,449,000 from the total amount of KRW 18,00 on March 15, 2012; and (e) the Defendant had been ordered to transfer the credit obligation to the above Gun Office and the balance to the Defendant on March 15, 2012 to the above Gun office; and (e) the Defendant had already been ordered to transfer the above claim against the victim on March 14, 2015.

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