logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.09.17 2013고단6547
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative director of E (ju) who is responsible for the construction work of the three underground floors of the Namdong-gu Incheon Metropolitan City and the D commercial buildings of the five-story above ground.

Around March 4, 2011, the Defendant made a false statement to the effect that “If the Defendant lends KRW 270 million to the victim H, he/she will make a sales contract in the above shopping mall 302,” and the said sales contract shall be by the end of June 2011. If the due date for completion is delayed in excess of the end of July 201 due to natural disasters, etc., E (a) shall be paid monthly from August 201 to the date the completion of construction is completed to the seller in accordance with the first lease contract (value of lease and lessee I) in accordance with the period from August 2011 to the date the completion is completed. In the event of lease problems, E (State) shall pay KRW 2.6 million per month to the seller.”

However, at the time, Defendant operation company decided to complete the above commercial buildings, but the obligation for the construction cost, which was not known to the subcontractor in the above commercial construction site, reaches the amount of 4 to 50 million won, and the obligation for the construction cost, which was not known to the subcontractor in various construction sites, is equal to the amount of 20 to 3 billion won, and there was no intention or ability to pay 2.6 million won per month for the completion of commercial buildings within the agreed period or for 2.6 million won per month due to the failure to pay all kinds of taxes, labor cost, etc. As such, since the victim's real delivery did not deposit the sales price into the international trust, which is the trust company, and the Defendant was used by the victim, it was completed within the agreed period, and there was no intention or ability to sell the above 302 commercial building room to the victim normally.

Accordingly, the Defendant, as such, deceiving the victim as above, was the first executive officer of the same day from the victim, and was 170 million won with the account under the name of the seller under the above sales contract.

arrow