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(영문) 대구지방법원 2012.10.18 2012고단1619
사기
Text

The defendant is innocent.

Reasons

1. Around March 2003, the summary of the facts charged was completed after the Defendant agreed with the subcontractor including the Defendant and the victim D, the owner of the building, to pay the direct construction cost, upon the delayed payment of the construction cost due to the default of the bills paid for the construction cost, as the construction work is being subcontracted from the above (E) E of the construction work execution business of building equipment among the construction works of the Matong-si (the victim D entered into a new construction contract with E on September 13, 2002) and the construction was completed.

On October 7, 2005, the Defendant submitted a complaint to the effect that the Defendant and his spouse F, as the Defendant did not receive KRW 118,780,000, out of the above construction cost, from the civil petition offices of the Daegu District Court located in Suwon-gu, Daegu District Court, as the Defendant and his spouse were the Defendant.

However, the facts are as follows: (a) G around July 2003, 70 million won was reduced; (b) from June 27, 2003 to July 15, 2003, 53 million won was transferred from the victim to H through H during the period from June 27, 2003 to July 15, 2003; and (c) from August 25, 2003 to August 29, 2003, 65 million won was paid respectively from the victim as the price for construction; (d) around September 2003, the construction price of KRW 20 million was reduced; and (e) on October 10, 2003, 200 won was transferred to H, the Defendant’s creditor, and (e) the construction price of KRW 228 million was paid by the victim.

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