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(영문) 광주지방법원 순천지원 2016.08.05 2016고단487
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who operates a limited company E in Y in South Ycheon City.

On July 29, 2011, the Defendant entered into a contract with 100,000 local sand companies to be used for the creation of the housing site development project at the Seocheon-si and supplied earth and sand. On July 29, 201, the Defendant, who was under supply, had the soil company to be recovered, enticed the victim limited company C with limited liability and caused the victim to substitute for the delivery of earth and sand and did not pay the price.

On February 29, 2012, the Defendant, at the above E office around February 29, 2012, supplied to G, the representative of the victim company, “F, at the rate of KRW 5,00,00 per annum, with sand of KRW 40,00,000.”

"" and "to enter into a contract for release of earth and sand."

However, in fact, the defendant was thought to pay 200 million won in total with the personal debt and the subcontractor's debt with the money from 10,000 won, so the victim company did not have the intent or ability to pay the money to the victim company even if it delivered Saturdays.

Nevertheless, the defendant deceiving the victim as above and let the victim be paid KRW 178,55,00,00 from March 7, 2012 to May 13, 2012, as in the list of crimes in the attached Table between March 7, 2012 and May 13, 2012.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to the above price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H and I;

1. A contract for taking out earth and sand, a written confirmation of bringing in earth and sand, a statement of transactions, and the current status of transportation of vehicles;

1. Report on the result of bidding for purchasing a tender to purchase the housing site development project, a contract for purchasing goods, a written resolution for expenditure, and a detailed statement of transactions of passbooks in the corporation;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Dismissal of an application for compensation order;

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