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(영문) 인천지방법원 2013.10.22 2013고단3445

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On October 2012, the Defendant concluded a contract with the victim E office operated by the victim D in the case of Pakistan in Gyeonggi-do, to supply materials to the victim for the construction of Aluminium. The Defendant stated to the effect that “I would pay the price to the victim if I would deliver the materials for the construction of Aluminium, such as Aluminium.”

However, the defendant did not have the intent or ability to pay the price in time, even if he received materials from the victim due to the circumstances such as the amount of the company's debt up to 400 million won at the time of the delivery contract with the victim.

As such, the Defendant, by deceiving the victim and being supplied with Aluminium equivalent to KRW 211,40,00 from the victim on November 2, 2012, and received construction materials, such as FFFC Corporation, Gangwon-gu G Center from around 200 to January 23, 2013, as shown in the list of crimes, from around 201 to around 16 times in total, as shown in the attached Table of Crimes, from around 2013.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. Article 62 (1) of the Criminal Act (including the fact that the suspension of execution is against the law, the fact that only one previous criminal record exists, and the fact that the victim has agreed smoothly with the victim, etc.);