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(영문) 수원지방법원 안양지원 2019.03.05 2018고정469

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who actually runs a construction business while operating a stock company B, and the victim C is a gas dealer, such as LPG.

On July 2015, the Defendant made a false statement that “The Defendant is in charge of construction works on the D sections (construction works)” to the victim, and that “on the face of supplying oxygen and LPGs, the Defendant would make the settlement as soon as possible by settling the gas prices every month.”

However, the Defendant did not have any surplus funds to maintain the construction at the construction site, resulting in the suspension of construction, and did not have any direct payment from the original office, and the credit rating was 8 grade, and there was no intention or ability to settle the gas price normally at the end of the month.

Nevertheless, the Defendant, by deceiving the victim, was supplied with gas equivalent to KRW 4,598,00 from July 2015 to February 29, 2016 by the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to C by the police;

1. A criminal investigation report (or a statement by a complainant) and a criminal investigation report (to be submitted without supporting materials of a suspect);

1. Electronic tax invoices;

1. Application of the Acts and subordinate statutes upon request for investigation cooperation;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;