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(영문) 수원지방법원 2015.11.12 2015고단1503
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who operates a household wholesale and retail business Co., Ltd. in Yongsan-gu Seoul Metropolitan Government and 1501.

On April 17, 2014, the Defendant: (a) supplied a household to the victim F, operated by the Defendant F, within the “G” office operated by the Defendant F, the Defendant supplied the victim with the H apartment to the H apartment; (b) supplied the Defendant’s household by the H apartment; and (c) so, the Defendant needs to pay the price by June 10, 2014, on the face of the supply of the materials.

‘False speech' was made.

However, even if the materials were supplied at the time, it was difficult to supply the household by the end of April 201, 201, which was the time of the supply of the first household, and therefore, it was difficult to expect that the first progress payment will be received as of June 5, 2014, and it was difficult to expect that the corporation would receive the first progress payment as of June 5, 201.

The Defendant deceptioned the victim as above, and was supplied from April 21, 2014 to April 25, 200 of the market price of MDF materials worth KRW 105,376,656.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Partial statement of a witness I;

1. Partial statements of each prosecutor's office and police interrogation protocol of the accused;

1. A written order, a detailed statement of transactions, an electronic tax invoice, a written confirmation of payment, and a statement of payment (each document attached to the complaint);

1. The supply contract between the Montreal household and the defendant;

1. Policy of performance of contract;

1. Policy of guaranteeing an advance payment;

1. A contract for construction works between the defendant and a stock company;

1. Application of the statutes governing credit information inquiry;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and grounds

1. On February 21, 2014, the Defendant, who is the representative director of D (hereinafter “D”), is either KRW 1.45,2730,000,000,00 for the contract price of the household supply contract with Emons, as well as additional taxes.

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