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(영문) 인천지방법원 2015.09.03 2014고단4005

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C is the representative director of corporation D, and the defendant plays the role of the head of the field office at the construction site of the Etel conducted by the company upon request of the above C, and the victim F is the purchaser who purchased the above Etel 1401 and 1402.

On June 201, the Defendant sent an intermediate payment in advance to the victim F at the construction site of the building site of the Nam-gu Incheon Metropolitan Etel in Seocho-gu, Incheon. As such, the Defendant did not arrive at the date of the intermediate payment payment under the sales contract, but sent an intermediate payment to the rapid time.

However, the Defendant merely took charge of the role of the field director leading the construction site and did not delegate the authority as the representative director, and the Defendant did not have any authority in relation to the receipt of the construction cost. At the time, there was a dispute over the amount of KRW 5 million over the payment of the construction cost, KRW 80 million over the amount of tax unpaid, KRW 80 million over the amount of tax unpaid, and KRW 60 million over other obligations related to the construction, and KRW 200 million over the payment of the intermediate payment from the victim, and there was no intention or ability to deposit it into the corporate account of the Co., Ltd., or deliver it to C.

Nevertheless, the defendant deceivings the victim as above, and is therefore subject to the part payment from the victim as part payment, and the same year from June 2, 201.

6. 20.10 million won, and the same year.

6. 30.20 million won, and the same year.

7. On 25.5 million won, a total of KRW 40 million was received in G account, which is the Defendant’s child, through a total of four times, including KRW 5 million, and acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to the statement of withdrawal by complainants;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. The conditions that are favorable to the reasons for sentencing under Article 62(1) of the Criminal Act.