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(영문) 광주지방법원 순천지원 2017.01.11 2016고단1432
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant.

Reasons

Punishment of the crime

The defendant actually operated the corporation C, and D operated the company participating in the electronic bid for government-funded goods in the trade name of the corporation E.

The Defendant told D to the effect that “I will participate in the purchase of materials at the Multi-Purpose Bank for Loan of Agricultural Machinery (H type lecture) and the government-funded construction materials at warehouse construction (H type lecture) ordered by the Gohap-gun Agricultural Technology Center in Gohap-nam Agricultural Technology Center as a result of the regional restrictions regulations, and will receive a successful bid instead of the former bid, and will identify all of the remainder.”

Accordingly, D participated in the above electronic bid and was awarded a successful bid, and on June 25, 2013, the Defendant prepared a contract for supply of goods in the name of E Co., Ltd. to the effect that “I would pay H-type lectures at the office of the Defendant located in Mineyang-si F,” and sent the price to G, who is the operator of B.

However, in fact, the Defendant had no intention or ability to pay the price for H-type lectures to the victim, even if he received H-type lectures from the victim of the personal debt amounting to KRW 200 million and provided them to the said Agricultural Technology Center and received the price for such lectures.

Nevertheless, the Defendant: (a) was provided with H-type lectures equivalent to KRW 31,504,117 at the market price on June 26, 2013 by deceiving the victim and deceiving the victim; and (b) was paid KRW 32,816,00 on June 28, 2013 by the said Technology Center; and (c) was remitted KRW 31,476,00 for the purpose of paying the Defendant’s existing obligations, etc. and was disbursed to the victim for the same day; and (d) was disbursed to the victim for the purpose of paying the Defendant’s existing obligations, etc.

Accordingly, the Defendant, as seen above, was informed of the above H punishment by deceiving the victim.

Summary of Evidence

The defendant's statement D of the police's statement in the interrogation of suspect G of the suspect as well as the investigation report on the attached documents(D.).

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