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(영문) 서울동부지방법원 2017.02.09 2016고단3287

사기

Text

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

Reasons

Punishment of the crime

On July 2014, the Defendant, as a person operating C, would pay the cost of installation to the F Office of the Victim, Inc., Ltd., Ltd., located in Gwangju-si, with the “UPS (UPS supply device), storage batteries, etc., installed in G located in the port and H located in Kimpo-si, the Defendant would pay the cost of installation immediately after receiving the cost from the K Office of the Republic of Korea.

The written indictment states that “I would immediately pay the installation cost,” but the defendant asserts that “I would immediately pay the installation cost at the original office,” and according to the evidence duly adopted and investigated by this court, the defendant was aware of the fact as alleged by the defendant, and even if the correction is made, the correction is made ex officio as there is no concern that there might be any substantial disadvantage in the exercise of the defendant’s right to defense.

“A false representation was made.”

However, in fact, the defendant did not pay the employee's wages at the time or did not pay taxes to the company, and even if he received the construction payment from I, the defendant did not have any intention or ability to pay the pre-paid amount to the victim because he had to pay the pre-paid amount first.

Nevertheless, the defendant deceiving E and caused the damaged company to do so from August 14, 2014.

9. 1.까지 사이에 위 G, H에 UPS, 축전지 등 설치작업을 시키고 같은 해 12. 4. 원 청인 주식회사 대신 네트웍 스로부터 대금 1억 500만 원을 지급 받았음에도 앞서 본 바와 같이 피고인의 기망 내용을 직권으로 정정함에 따라 이 부분 공소사실도 직권으로 정정한다.

The victim failed to pay 19580,000 won to the victim, thereby acquiring the same amount of financial benefits.

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. References to inquiries;

1. an invoice, tax invoice, or tax invoice;