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(영문) 인천지방법원 부천지원 2016.04.22 2015고단3465

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant became aware of a contract related to the supply of construction materials in C operated by the victim B.

After entering into a construction-related contract from the beginning, the Defendant had no capacity or intent to pay the price of supplied goods even after receiving the construction materials.

On March 25, 2015, around 14:00, the Defendant visited C Office located in Kimpo-si operated by the injured party, and asked to supply materials to be used at the site of the construction site of the three-story commercial building located in front of the 215 apartment complex E apartment complex. In relation to credit transactions, the Defendant entered into a contract with the victim with the goods supply contract and the certificate of the guarantor's seal impression, etc., and the price was to be settled at the tenth day of each month.

Since March 27, 2015, from around June 1, 2015 to around June 1, 2015, the Defendant received construction materials, such as pumps, from the Defendant and received the total amount of KRW 15,131,380 from the contract, and took property gains.

Summary of Evidence

1. A protocol concerning the examination of the suspect against the accused (including the B substitute part of the examination);

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the accusation, copy of the customer ledger, goods supply contract, and text messages;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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