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(영문) 인천지방법원 2015.12.17 2015고단6166
사기
Text

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

Reasons

Punishment of the crime

On November 15, 2012, the defendant was sentenced to the suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes in the Incheon District Court on November 15, 2012, and the judgment was finalized on April 26, 2013, and on August 22, 2014, the defendant was sentenced to the suspended sentence of three years and six months for the same crime in the same court, and the judgment was finalized on January 17, 2015.

1. On June 201, 201, the criminal defendant against the victim C told the victim, who is a miscellaneous material supplier, such as the protection tape and main tape, through the factory captain F, at the office of the Defendant’s management corporation located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seo-gu, that “The defendant would pay the payment if he delivers the protection tape used for a household.”

However, in fact, since the defendant's total sum of bills received from the business partners around 2010 has been in default, and the sales have been decreased and sales have been decreased as well, the business parties did not have the intent or ability to pay the price properly even if he received materials from the victim because it is not adequate to give the monthly salary to the employees.

Around June 4, 2011, the Defendant, by deceiving the victim, was supplied with cut protection tapes equivalent to KRW 396,000 for sales proceeds from the victim.

In addition, from that time until November 19, 2011, the Defendant was provided with protection tapes and labor manpower equivalent to KRW 48,800,070, total supply price of 149 times in total, as shown in attached Table 1, at apartment construction sites where the Defendant, including Incheon, Yan, Panju, Gwangju, etc., supplies door molds, even if any, etc., from the victim, from November 19, 201.

In this respect, the Defendant received property by deceiving the victim, and acquired property benefits by being provided with services.

2. The Defendant against the Victim G Co., Ltd.: (a) around June 201, the Victim G office of the Victim G Co., Ltd. operating I located in Seo-gu Incheon, Seo-gu, Incheon; (b) mixing MDF wood pulverization with mating materials through factory site F.

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