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(영문) 청주지방법원 2018.08.09 2017고단2650

사기

Text

A defendant shall be punished by imprisonment for six 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

1. On March 2015, the Defendant, at the end of March 2015, 2015, posted a telephone to E running the Victim D Co., Ltd. (hereinafter referred to as “victim”) at the end of the crime and around the end of March, 2015, whether the Defendant may give a credit to the materials of civil engineering works.

Materials cost shall be paid at the end of the following month.

“A false statement” was made.

However, in fact, the defendant had not reached KRW 100 million due to bad credit, and even if the defendant received materials for civil works from the injured company and performed construction works, there was no intention or ability to pay the cost of the materials.

Accordingly, the Defendant, as seen above, by deceiving the victimized company, received from the victimized company the total amount of KRW 21,140,000,000, such as vegetations at the construction site located in the Audio Group F around April 6, 2015.

2. On May 2016, the Defendant: (a) phone called to the above E from the scene of the crime on May 2016, 2016; and (b) provided that the Defendant would immediately receive the payment from the owner of the building if the materials of civil engineering are supplied on credit.

All of the materials that have not been repaid at the past time shall be repaid.

“Falsely false.”

However, in fact, the defendant had not reached KRW 100 million due to bad credit, and even if the defendant received materials for civil works from the injured company and performed construction works, there was no intention or ability to pay the cost of the materials.

Accordingly, the Defendant deceptioned the victimized company as above, and was supplied by the victimized company with materials for civil construction work equivalent to KRW 17,796,000 in total at the construction site located in Jincheon-gun G around May 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of the defendant in E in the first prosecutor's examination protocol against the defendant;

1. Each police statement made to E, H, I, and J;

1. Two copies of a detailed statement of transactions;

1. Detailed statement of each transaction (G construction related);

1. Application of Acts and subordinate statutes to investigation reports ( investigation of facts into trade of civil engineering materials);

1. Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.