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(영문) 인천지방법원 부천지원 2013.06.14 2012고단1950

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 8, 2011, the Defendant made a false statement to the effect that “The Defendant has the right to be supplied with scrap metal coming from the water supply business place in Kimpo-si through the Association,” which reads that “The Defendant would supply scrap metal coming from the water supply business place in the Jeju-gu waterworks business place, and supply the scrap metal to the other construction site in the absence of scrap metal at the water supply business place.”

However, the fact was that the E Association or the Defendant did not have the right to continue to be supplied with scrap metal within the waterworks business place, and whether or not the Defendant could be supplied with scrap metal at another construction site.

Nevertheless, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the deposit account in the name of the Defendant on the same day as the advance payment for scrap metal.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A statement prepared by the F;

1. A sales contract for scrap metal;

1. A list of transactions;

1. Public announcement of sale of non-processed goods, and electronic bidding;

1. Public notice concerning the sale of disused goods;

1. A list of requests for appraisal;

1. Public notice of bidding for the sale of disused goods;

1. Details of G unused goods;

1. Application of Acts and subordinate statutes to a criminal investigation report (F telephone conversations for reference, F telephone conversations, evidence list 20,22);

1. The defendant and his defense counsel asserted that there was a right to be supplied with the scrap metal to the defendant by making a verbal agreement to be supplied with the scrap metal from the head of the waterworks site office and the waterworks business office in Kim Jong-si, and therefore, there was no intention to commit deception or fraud by the defendant.

According to each description of lives, measurement certificates (Evidence Nos. 7), and investigation reports (F telephone conversations for reference), the defendant Kimpo-si over three times on March 17, 201, March 18, 201, and June 10, 201.