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(영문) 인천지방법원 부천지원 2013.12.13 2013고합156
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The accused shall dismiss an application for remedy by the applicant for remedy of innocence.

Reasons

1. The summary of the facts charged is that the defendant is the representative director of the F&A company, a heating and cooling facility business or fire fighting facility business in Bupyeong-gu, Nowon-gu, Young-si, and the above company operated by the defendant means that the defendant would make payment for the material price within the time limit which the victims promised to deliver the material although the financial status of the defendant is inadequate and the defendant did not receive the material from the customer because of the lack of funds.

Therefore, it received heating and cooling equipment and fire-fighting equipment from the victims at the construction site designated by the defendant, and made the F corporation receive property.

On April 1, 2011, at the construction site of H apartment located in Nam-si, Namyang-si, received the materials equivalent to KRW 478,085,459 from the victim I (J representative director of the Co., Ltd.) to receive 30,849 of the equipment materials such as the main dys (PVC) equivalent to the market price of KRW 24,721,629 from the victim I (J representative director of the Co., Ltd.) and acquired them by deception.

B. On April 1, 2011, at the construction site of a new K apartment located in Sejong-si and received 12,720 points for equipment and materials, such as ten thousand and seven hundred points at the market price from the victim L (the representative director of M Co., Ltd.) at the construction site of the new apartment located in Sejong-si, which are supplied with 3,139,719,166 won for 385 times until November 2, 201 of the same year.

C. On June 27, 2011, at the construction site of the N Hospital located in Sung-si and received 29 points for equipment materials, such as 14,530,098 won at the market price from the victim O (the representative director of the PP corporation), including being supplied with 188,779,85 won for 18 times until October 6 of the same year.

On June 1, 2011, 82 times until November 4, 2011 of the same year, including the supply of 5,544 points for the tapes and other equipment materials equivalent to the market value of KRW 13,166,46 from the victim Q (R representative director) at the site of the construction of the non-suspected suspect company.

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