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(영문) 서울남부지방법원 2017.02.07 2014고단4997
사기
Text

Defendants are not guilty.

Reasons

1. The facts charged [the relationship between the Defendants and the victim] Defendant A is a person who is an in-house director of the “Corporation I” corporation established for the purpose of electrical construction, etc. on the H and the third floor of Guro-gu Seoul Metropolitan Government, Defendant B used the said I’s position as an employee of the said I, and Defendant C was an employee of the JA corporation (hereinafter “J”).

On the other hand, the victim K is a director of the "stock company M" that operates information and communications construction business in Geumcheon-gu Seoul Metropolitan Government.

[Basic Facts] N apartment reconstruction and rearrangement project association (hereinafter “N apartment reconstruction and rearrangement project association”) was established in May 2003 to promote the reconstruction of the N apartment located in Seo-gu, Seo-gu, Gwangju. Around February 2007, P Co., Ltd. (hereinafter “P”) entered into a maintenance and improvement project management service contract with P Co., Ltd. (hereinafter “P”) to manage the improvement project, and Qua, who has P’s position as a full-time adviser, takes charge of the above improvement project-related services.

Defendant

A entered into an agreement with Q and the past to the effect that P was delegated with respect to overall affairs, such as design, contract management, execution management, etc. of the above reconstruction project in accordance with the above rearrangement project management services agreement, and that Q and the reconstruction association’s president has a pro rata relationship, and that P and N apartment electricity and telecommunications (U-C) establishment projects (hereinafter “U-C construction projects”) in the name of P and N apartment under the name of P around July 15, 2010.

On the other hand, Defendant B, upon Defendant A’s instruction in 2010, contacted Defendant C, etc., who is an employee of the J, with the company that can actually perform the business of construction of Siti around the beginning of 2010. Accordingly, Defendant C, etc., without obtaining the internal approval of the J, shall endeavor to select the J as the supervising company for Siti construction projects with Defendant A, Defendant B, etc. around October 21, 2010.

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