(영문) 부산지방법원 2013.03.27 2012고단5311

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(영문) 부산지방법원 2013.03.27 2012고단5311

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1. The defendant shall be punished by imprisonment for two years;

2.Provided, That the execution of the above sentence shall be suspended for a period of four years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On May 2009, the Defendant stated that “The Defendant was released from G Construction in charge of civil engineering works related to the construction of Busan F apartment in connection with the construction of new F apartment in Busan, the Defendant provided oil to a dump truck, etc. used in connection with the construction, and paid the price on a monthly basis.”

However, the Defendant was aware of the fact that, around May 2009, he was awarded a lower price for construction from the time when he was awarded a subcontract from G Construction to follow the construction work, and that it is anticipated that the actual construction cost should be added to the amount to be paid from G Construction. At that time, the personal obligation is equivalent to KRW 20 million, and there was no other ability to pay the amount of oil other than the payment for the completed portion received from G Construction, so there was no intention or ability to pay the amount of oil from the victim to be supplied with the oil.

Nevertheless, the defendant made a false statement to the victim, and such statement from May 29, 2009 to the victim.

8. During the period from January 29 to January 31, 2010, a vehicle number H truck was supplied with oil equivalent to KRW 12,513,042 at the market price and acquired it by fraud due to the failure to pay the price. From the above date to January 31, 2010, he was supplied with oil equivalent to KRW 146,581,62 on the aggregate of 76 vehicles as shown in the crime list as shown in the annexed crime list, and obtained by fraud the above amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement to J police officers;

1. A complaint;

1. Application of statutes to each investigation report (to attach materials submitted by a complainant, payment order, detailed statement of transactions, etc. and to submit reference materials for a complainant representative);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Grounds for sentencing selective punishment of imprisonment with prison labor

참조조문

-형법 제347조 제1항

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