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(영문) 수원지방법원 2015.10.14 2014고단4178 (1)

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2009, the Defendant was sentenced to three years and six months of imprisonment with prison labor for robbery, injury, etc. in the Busan District Court’s Branch Branch, and the said judgment became final and conclusive on April 30, 2010.

【Criminal Facts】

Around August 2007, the Defendant, along with B, proposed a direct transaction with a construction material supplier even though he had no intent or ability to pay the price of the goods even if he had been supplied with construction materials due to the default of payment. The Defendant decided the terms and conditions of the transaction by directly finding the construction material supplier, such as paying 30% or 50% of the prepaid and receiving the construction materials, and then was supplied with the construction materials by paying the prepaid amount to the said supplier. The Defendant sold the supplied construction materials to the dumping disposal business operator who is called the “Daama” and conspired to use the sales proceeds as his debt repayment.

Accordingly, on September 5, 2007, the Defendant, at the E office located on the first floor of the building D of the Gu-Si, supplied the victim F, who is the above supplier, “When he supplies 30% of the price of supplied goods in advance, he will pay the remainder of the price of supplied goods after the month following the following month,” and B, on September 6, 2007, remitted the amount of KRW 2,00,000 equivalent to 30% of the advance payment to the victim, which is the next day, from the victim, he received construction materials in the aggregate of KRW 6,205,00,000 from the victim and sold them to the non-dumping disposal business entity on his name, from September 3, 2007 to October 10, 207, he acquired the total of 88,187,250,000 won from the supplier by means of the attached crime list, such as the list of crimes.

Summary of Evidence

1. Part of each prosecutor's protocol of examination of the accused

1. Part of the interrogation protocol of the prosecution concerning B;

1. Each police protocol on G, H, F, I, J, K, L, and M;

1. The investigation report (the lessor's counter-investigation) 1.