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(영문) 인천지방법원 2017.10.19 2017고단3805

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who had been engaged in construction works upon receiving a subcontract from F for the E construction site located in P from January 2015, when operating C.

On July 21, 2015, the Defendant called the victim G and made a false statement to the effect that “on the face of the supply of a panel, it is the E construction site in D, the price would be paid in full on July 30, 2015.”

However, from April 2015 to July 30 of the same year, H had some of the construction work performed by H from the above construction site; provided from H, however, the construction was suspended because it was impossible to pay construction cost of KRW 226,615,947 to the above H; and there was no particular property at the time. The above C operated by the Defendant had no intention or ability to pay the cost from the damaged party to July 30, 2015, even if it was supplied with the printing team from July 20, 2015 to the damaged party, such as there was no operating fund.

On July 28, 2015, the Defendant was provided with a panel of 26,803,660 won at the construction site above E around July 28, 2015.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A statement of transaction details and each investigation report [the denial of the crime of deceptionation, but the evidence legitimately adopted and investigated by this court, i.e., the supply by the previous company was suspended because the defendant failed to pay a large amount of construction cost to the previous company, and if it was possible to pay the purchase price by July 30, 2015, the previous company did not have any reason to request the delivery to the victim who had no transactional relationship, rather than the previous company. ii) The defendant received the construction payment from the receiving company and received the construction payment from the receiving company, but the defendant is the defendant.