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(영문) 서울동부지방법원 2018.07.06 2017고단2308

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the fraud against the victim B corporation was raised.

Reasons

Criminal facts

The defendant is a person who operates electrical construction company E in Seongdong-gu Seoul Metropolitan Government.

On January 31, 2016, the Defendant was doing construction work at several construction sites “G, the representative director of the Victim FF Co., Ltd.,” and the Defendant made a false statement to the effect that “The cost of construction materials on the face of the week by supplying construction materials, such as electric wires, would be directly paid at the original office, or would be paid by full payment.”

However, the Defendant did not have any intent or ability to pay the victim's construction material price, etc., even if he received construction cost from H et al. at the time of unreasonable price bid at the construction site. However, even if he received construction cost from the original office H et al., he did not have any intent or ability to pay the victim's construction material price.

Nevertheless, the Defendant: (a) by deceiving the victim as above and receiving construction materials equivalent to KRW 8,136,480 from the victim; (b) and (c) from January 5, 2016 to July 29, 2016, the Defendant deceptioned the victims as stated in [Attachment 16 to 37,39, and 43], and received construction materials equivalent to KRW 357,161,937 from four victims over 27 occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness I and G in the third public trial protocol;

1. Each statement made by the witness J and K in the fourth public trial records;

1. Some of the statements made by the prosecution against the defendant in the protocol of interrogation of the suspect (including the statements made by I, G, and J);

1. Part of each statement of the police suspect interrogation protocol against the accused (including each statement of G, I, L, J, or K);

1. Each police statement made to K and I;

1. The Director of the Customer, each electronic tax invoice, each transaction statement, each copy of passbook, and E management ledger;

1. Financial statements confirmation and cash balance status;

1. Investigation report (E account analysis - Evidence list 33);

1. Account details (Evidence No. 34 of Evidence) Application of the statute;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;