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(영문) 대전지방법원 2016.08.17 2015고단3288
사기
Text

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

Reasons

1. On October 201, the summary of the facts charged, the Defendant called the victim D'E's 'E' sales of the victim D' constructed in the Daejeon Seo-gu Daejeon-gu, Daejeon-gu, by phoneing the victim to the 'E' sales of the 'E' constructed a new multi-household house in the Daejeon-gu, Daejeon-gu. However, the Defendant’s employee G (the former name before the opening name: H) supplied human materials on credit and repaid the material price after completion of the construction.

The phrase “ makes a false statement.”

However, the Defendant had been in a situation where it was economically difficult for the Defendant to receive any balance while running construction work in several places other than the above Newly constructed multi-household house, and even if he received materials from the injured party, he had a plan to postpone the repayment of re-price to the above G, and there was no intention or ability to pay the victim in full.

As such, the Defendant, by deceiving the victim, received materials equivalent to KRW 2,238,500 in total from the damaged party, including the market price around October 7, 201, and received materials equivalent to KRW 2,238,500 from the damaged party, and acquired them by deceptioning them by means of a total of 13 times from November 29, 201, as shown in the list of crimes in the attached Table from November 29, 201.

2. Determination

A. The gist of the Defendant’s defense counsel’s assertion (1) does not require the Defendant to supply the instant interior materials to the victim, nor did the Defendant receive the said materials from the damaged party.

(2) The Defendant: (a) contracted the entire new construction of the instant multi-household housing to G; and (b) while G performing interior construction, it received the instant interior materials from the injured party.

In other words, the supply transaction of the instant interior materials is only a transaction between G and the victim, which is a recipient.

(3) Such transactions are confirmed by contract terms, transaction specifications, etc.

In other words, the contract for the construction of the instant multi-family house includes the contents that G receives a lump sum subcontract for the construction work.

In addition, one victim has been prepared.

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