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Reasons
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(영문) 인천지방법원 부천지원 2018.07.13 2018고단952
사기
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On February 1, 2017, the Defendant was awarded a contract for the reinforcement of steel tower and the supply of and demand for materials in the E-practice hall D located in Ansan-si Group D from the Victim B Operation (State)C, Ansan-si.

1. On February 15, 2017, the Defendant submitted to the victim a false statement of tax amount in F name to the victim at the construction site at the above construction site, stating that “The victim received materials equivalent to KRW 56,100,000 from F and carried out construction work.”

However, in fact, the Defendant did not receive materials from G for the above construction work from the F operated by G, and it was thought that the Defendant received money from the injured party for the construction work, and was used to repay obligations owed to many people including G.

The defendant deceivings the victim as above and acquired 56,100,000 won as material price from the victim to the corporate bank account (H) in the F name.

2. On May 11, 2017, the Defendant submitted to the victim a false statement of the F’s false tax invoice in F name, stating that “F made the production and installation of a steel tower in F, thereby changing the amount of KRW 51,700,000 to gold.”

However, the above Corporation was proceeding in I, not F, and it was thought that it will receive money from the injured party for the purpose of the construction cost and use it for the repayment of the obligation owed by the defendant.

As above, the Defendant: (a) by deceiving the victim; (b) transferred KRW 51.7 million from the victim to the corporate bank account (H) in the F name; and (c) paid KRW 45 million out of that money to I as a gold; and (b) acquired the remainder of KRW 6.7 million by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to B and G;

1. Each tax invoice (Nos. 3 and 5 once a year);

1. Detailed descriptions of each transaction;

1. Details of transactions (No. 13 once a year);

1. Application of the standard subcontract agreement statutes for construction works;

1. Criminal facts;

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