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(영문) 인천지방법원 부천지원 2018.07.25 2017고단2252

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On May 2016, the Defendant, at the office of the “C” company located in Kimpo-si, Kimpo-si on May 2016, 2016, supplied 32 items, such as cut films, to E, a victim company, and paid 10 million won to E, and the remainder of the goods will be settled in full at the end of the following month.

“A false representation was made.”

However, in fact, the Defendant was in an excessive bad credit position at the time, and the normal business was difficult due to economic difficulties such as the payment of wages and rents, etc., so there was no intention or ability to pay the price of the goods even if the goods are supplied on credit from the victim company.

Nevertheless, the Defendant, as above, was supplied 32 items, such as a string film around June 15, 2016, by the victim company, at around 23,047,660 won.

2. On October 10, 2016, the Defendant of the crime committed around October 10, 2016, at the “C” office, such as the foregoing paragraph 1, around October 10, 2016, sent to the Victim F, who visited the Defendant in order to report and host a letter related to the vehicle construction company operated by the Defendant, to do so.

“A false representation was made.”

However, the Defendant had no intention or ability to execute the work on the part of the victim because the Defendant had been in an excessive bad credit position at the time, and it was difficult to conduct normal business due to economic difficulties, such as the payment of wages and rents.

Nevertheless, the defendant, as mentioned above, was paid KRW 100,00 from the above victims by false statements.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the examination of the police officer in G;

1. Statement protocol by the police for E;

1. A written statement;

1. Certificates, etc., construction contracts, written estimates, transaction specifications, suspect A credit information data, copy of the text of the Decision 102407 grouped by Busan District Court Decision 2016Ga grouped by 102407, written records, account records related to suspect companies, and account records.