(영문) 서울북부지방법원 2019.07.10 2018고단2857

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(영문) 서울북부지방법원 2019.07.10 2018고단2857

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The Defendant was awarded a subcontract for the E Creation Project in Leecheon-si, Inc., Ltd., which is in force by B and C.

Around May 26, 2015, the Defendant, at the Defendant’s office located in Echeon-si F, concluded that “A project is being subcontracted by D, a company performing the E project, and that B, a company run within the Republic of Korea, may not be supplied with the iron bars on credit because of low credit rating.” The Defendant supplied the steel bars to D and D, a written contract, and then again delivered them to B. The Defendant received the progress payment and received the progress payment, and made a false statement that “A KRW 160,000,000,000,000,000,000,000 won, in addition to the proceeds therefrom, shall be added.”

However, the fact was that the Defendant was scheduled to resell and use the iron at the time when it was supplied, and the Defendant did not have the right to conclude the contract under the name of the company D, and the expenses for the E-work were in a situation where it is possible to proceed with the loan only after the partial construction work. Moreover, the Defendant did not have the intent or ability to pay the price for supply and the proceeds even if it was supplied with the steel at the time when it was supplied by the victim with the debt

As such, the Defendant, by deceiving the victim, received the delivery of the said amount of KRW 45,506,230,000, from the victim around May 29, 2015, of KRW 56,473,043, and of KRW 101,979,273, around June 8, 2016.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. C’s legal statement;

1. Statement made by witnesses G in the third protocol of trial;

1. The entry of the defendant and the prosecutor's office in the suspect examination protocol of the defendant and C, G and C, and part of the defendant's statement;

1. Statement of the police officer to I;

1. A complaint filed by G;

1. Investigation report (related to the currency of the court other than the case);

1. A real estate lease contract, a receipt, a statement of account transactions to be submitted by the suspect, a criminal investigation report (Submission of a tax invoice for delivery of iron bars which is the complaint); and

유사 판례

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-인천지방법원 2017.02.15 2016고합344

-서울중앙지방법원 2013.11.01 2011고정3130

-제주지방법원 2011.09.21 2011고단296