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(영문) 부산지방법원 동부지원 2015.01.28 2014고단1510
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

1. A person who operates D Co., Ltd. on February 2013, the Defendant stated that “Around February 2013, the Defendant would enter into a contract for the civil engineering works of the F Factory Site in the Guro-gu Seoul Metropolitan Government Etel with the victim C.

However, in fact, the F factory site was not selected for the construction work, and the defendant did not have the intention or ability to conclude the F factory site civil construction contract even if he receives money from the victim because it is not related to the selection of the construction work or the subcontracting work.

Accordingly, on March 4, 2013, the Defendant, by deceiving the victim as above, received KRW 28 million from the Dongin to the corporate bank account (G) in the name of the Defendant.

2. According to the records, the defendant and his defense counsel stated that the defendant and his defense counsel borrowed money from the investigative agency and this court because he was in need of money to obtain H's house, and the defendant did not have any money at the time, and therefore, he did not have any problem of paying the money in return for the defendant's call to C, and the defendant did not have any problem of paying the money in return for the advance payment. The defendant stated that C previously paid 5 million won to H to receive the work, but he did not have paid the money to H, but he did not request the Corporation to grant the money. ② At this court, I asked for whether the defendant would not lend the money of H's house to C, and thereafter, I borrowed money from the defendant's account, and the defendant stated that he will use the money to H immediately after the transfer to H.

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