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(영문) 인천지방법원 부천지원 2017.01.25 2016고단3315

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates C Co., Ltd. established for the purpose of building construction business, etc. in Bupyeong-gu, Seoul Special Metropolitan City.

On July 24, 2015, the Defendant called the “F, an employee of the victim ISO Co., Ltd., Ltd., called the “F to order the construction work to increase the electric capacity of E elementary schools and to install air cooling and heating systems.” On September 24, 2015, the Defendant supplied the whole of the construction work to G’s site manager, etc. to the Defendant, who received the construction payment from the ordering police officer, as he received the payment of the construction cost from the ordering officer.”

However, on July 22, 2015, the Defendant was awarded a subcontract for the said construction work to KRW 103,658,000 from the above G that ordered the said construction work to increase the electric capacity of the said school and to install air conditioners, and was not the head of the said G site. Even if receiving the subcontract price from G at the time, the Defendant was planned to use the said construction work as an urgent cost for the operation of the said company, and thus, the Defendant did not have any intent to pay it to the victim. Moreover, even if there was no other property at the time and the goods, etc. are delivered from the damaged person, the Defendant did

Accordingly, the Defendant, as seen above, was issued a total amount of KRW 36,00,000 each twice by deceiving the victim and receiving a total of KRW 29,528,653, including four power distribution teams on August 8, 2015, and three power distribution teams on the 15th day of the same month, etc. from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to the statement made to F in relation to the statement made by the police, and each statement made in F in relation to the suspect interrogation protocol made by the police for the accused;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Matters concerning Article 62-2 of the Criminal Act and the observation of protection, etc. of community service order;