beta
(영문) 수원지방법원 평택지원 2012.04.04 2011고합165

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On September 2010, the Defendant made a false statement that the Defendant would pay 50% of the price of the goods at the time when the goods are supplied to the victim E in cash from the F office operated by the victims E in light of light, and that the Defendant would pay the price in cash within one month after delivery.

However, even if the defendant received goods from the victim, he only thought that he would use the money to receive from other places for other purposes, and he did not have the intention or ability to pay the money to the victim.

Therefore, the Defendant, as well as the receipt of electric wires equivalent to KRW 60,340,50 at the market price on September 16, 2010 from the victim, was supplied with electric wires equivalent to the total market price of KRW 921,153,530 from September 16, 2010 to December 30 of the same year, and paid only KRW 302,00,000, and did not pay the remainder of KRW 619,153,530, and acquired property benefits equivalent to that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Legal statement of witness E;

1. An investigation report (detailed statement, certificate of value-added tax base, etc., current status of purchase and sale, etc. of G construction, confirmation of attempted purchase of materials, list of total tax invoices by seller, etc.), investigation report (verification of accounts receivable in transaction), investigation report (whether or not the confirmation of attempted purchase of materials is made

1. Application of Acts and subordinate statutes on the supply agreement of goods, business registration certificate, tax invoice, etc. and the accounts receivable for G works

1. Determination on the assertion of the defendant and his/her defense counsel under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act concerning the crime

1. The summary of the argument is that the Defendant’s staff H, who had an electric cable to pay to the victim and fleded, and the Defendant’s customer did not pay the price for goods to the Defendant and did not have the intent to acquire the Defendant by fraud.

2. Determination: