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(영문) 서울서부지방법원 2017.06.15 2017고단47
사기
Text

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

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

Reasons

Punishment of the crime

On July 2015, the Defendant did not supply the price for the supply of landscaping facilities that the victim G, a representative of F, did not receive from E, to E in the office of E, a corporation operating the Defendant’s company located in YY-gu Seoul Special Metropolitan City, YY-si on July 1, 2015, more than 110,000 won.

The defective victim shall be paid the payment after 2 weeks from the date of the production of only the part of the government-funded construction work of the Public Procurement Service, and the payment shall be paid in full together with the existing supply price that has been unpaid.

“A false statement” was made.

The facts are as follows: (a) from January 2015, 2015, the Dogsan Regional Land Management Office conducted an investigation of H with respect to the qualification of landscaping technician L, Inc. from around around January 201 to around May 27, 2015, and subsequently suspended the qualification of H on May 27, 2015; (b) on the accusation by the head of the Dogsan Regional Land Management Office, the case of violation of the National Technical Qualification Act against H was under investigation; (c) around July 8, 2015, E was under the disposition of business suspension from July 20, 2015 to November 19, 2015; and (d) there was no intention or ability to pay the price in full even if the facility was supplied from the damaged party.

The Defendant, as such, by deceiving the victim, received landscaping facilities equivalent to KRW 242,709,00 on a total of 21 occasions from July 20, 2015 to November 30, 2015, as indicated in the list of offenses, from the victim to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of G in the suspect examination protocol against the accused in the prosecution;

1. Documents printed out of the Internet public announcement of the disposition of business suspension, summary order, and order sheet;

1. Application of Acts and subordinate statutes to report on investigation (report on investigation of matters confirmed in the records of the relevant case);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Suspension of execution;

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