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(영문) 대구지방법원 안동지원 2018.11.09 2017고단611
사기
Text

The defendant shall be innocent.

Reasons

1. On July 2014, the Defendant was constructing a 3-story building located in the C front of a restaurant, a lodging house, or a building on the D in Ansan-si (hereinafter “instant building”) to a police officer B from among the facts charged.

Since the building of this case is owned by Na for a period of five years, regardless of whether it is repaid with the security deposit for the lease of the building, it will receive money from the owner.

“A false statement” was made.

However, on March 20, 2014, the Defendant entered into a contract with E to newly construct the instant building by June 30, 2014, and KRW 130 million out of total construction cost of KRW 220 million, the Defendant agreed to lease the two floors after completion of the building and cover the same as a security deposit. Following the contract, the Defendant was performing the construction after receiving KRW 50 million from E according to the contract, and around June 30, 2014, the Defendant did not complete the construction by June 30, 2014, with the capacity of returning KRW 50 million to the victim if the construction was not completed by June 30, 2014, and thus, the Defendant did not have the capacity to pay the construction cost of KRW 30 million,000,000,000,000,000,000,000,000,000,00,00,00 won.

Nevertheless, the Defendant received KRW 3 million from the injured party on July 20, 2014, from around 3 million, and thereafter received a total of KRW 48,797,040 from the time to May 6, 2015 or paid KRW 21 times in the same manner as the list of crimes in attached Form 2015.

2. The amount transferred to the defendant's passbook out of the amount stated in the facts charged against the defendant's and defense counsel's assertion shall be cashed from the damaged party, only if the money borrowed by the defendant is sufficient.

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